| US Mission to UN Is Sued For
Discrimination Now Discovery Ends July 1, UN
Delay Contrasted
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
May 11 – Jane C. Malloy, an
African-American woman, has
filed a racial discrimination
lawsuit against the U.S. State
Department, specifically
against its U.S. Mission to
the United Nations.
On April 2,
U.S. District Court for the
Southern District of New York
Magistrate Judge Kevin N. Fox
held a proceeding. Inner City
Press, in-house press at the
SDNY, covered it.
Malloy's complaint recounts
how her nomination for the
Innovation in the Use of
Technology Award was
wrongfully not passed along to
the Chief of Mission, and how
they failed to promote her
from the GG-12 to the GG-13
despite her solid performance
reviews.
Now the State
Department's concern is a
protective order so that
information they produce under
discovery is not available to
the public.
And on
April 19, stating that US
Mission to the UN staffer
Harry Ting cannot be deposed -
possibly justified - the
request was made to file
records under seal, ex parte,
Attorney's Eyes Only.
On April 29,
Magistrate Judge Kevin N.
Fox denied the request,
at least for now: "ORDER
denying without prejudice [55]
Letter Motion to seal and for
a conference. The instant
application is not in
consonance with 2A of the
Court's Individual Rules of
Practice, which requires a
joint writing from the
parties. (HEREBY ORDERED by
Magistrate Judge Kevin
Nathaniel Fox)."
Even if that's
belatedly complied with, might
it not be available under the
Freedom of Information Act -
something that, like First
Amendment protections, the UN
doesn't have and the US
Mission is doing nothing
about?
On May 11, Judge
Fox held another proceeding,
and Inner City Press still
banned from the UN covered it.
How the firing of Ms. Malloy
was brought about was
described, along with more
insistent demands for secrecy.
Now on May 19
Judge Fox has ruled, "ORDER:
IT IS HEREBY ORDERED that: 1.
all discovery, of whatever
nature, be completed on or
before July 1, 2021; 2. any
dispositive motion is to be
made in accordance with the
Individual Rules of Practice
of the assigned district
judge; and 3. if no
dispositive motion is made,
the parties shall submit their
joint pretrial order to the
court on or before July 30,
2021. That document must
conform to the requirements
for such an order that are
found in the Individual Rules
of Practice of the assigned
district judge. SO ORDERED."
Inner City Press, banned from
the UN since July 3, 2018,
will remain on this case.
It is Malloy v.
US Department of State, et
al., 19-cv-6533 (Gardephe /
Fox)
***
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