From Judge Angel [sic] Kelley's order today in The Satanic Temple, Inc. v. City of Boston (D. Mass.):
Following a status conference regarding the parties' dispute on the status of discovery, the Court resolves it with an order that discovery is officially closed. "The [C]ourt has broad power to control discovery." "In particular, courts have discretion to tailor discovery to the circumstances of the case at hand and to adjust the timing of discovery."
Plaintiff, The Satanic Temple, Inc. ("TST") filed this case against the City of Boston ("the City") on January 20, 2021, challenging the constitutionality of the City's legislative prayer selection process. Fact discovery was set to close on October 26, 2022. Initially, the parties contemplated 15 depositions per side to accommodate the 13 city councilors.
At the outset of discovery, TST sought to depose on Election Day, then-City Councilor Michelle Wu, who was a candidate in the Boston mayoral race, rather than the other city councilors named in the complaint. The Court granted the City's emergency motion to quash the subpoena for Election Day, November 2, 2021, entered a protective order, and awarded attorney's fees, due to TST's politically motivated publicity stunts to harass then-Councilor Wu, on one of the most important days of her career.
