Martin v. Zagorski
1:25-cv-02715
S.D.N.Y.Jun 3, 2025Background
- Plaintiff, Jamarlin Martin, filed suit pro se alleging whistleblower retaliation under Dodd-Frank, conspiracy under § 1985(3), and common-law negligence against DoubleVerify Holdings, its executives, Providence Equity, and others.
- Defendants moved to dismiss, asserting the complaint was incurably flawed, particularly on employment, standing, and service grounds.
- Martin had not responded to the motions to dismiss, having sought and received an extension to July 1, 2025.
- Defendants requested to adjourn the deadline for the Case Management Plan, stay discovery, and postpone the Initial Pretrial Conference until after resolution of the motions to dismiss.
- Martin opposed any procedural delays, arguing for the importance of prompt discovery and the scheduled conference.
- The Court denied the request to adjourn the conference and CM Plan deadline but granted a hearing on motions to stay discovery and amend the complaint at the conference.
Issues
| Issue | Martin's Argument | DoubleVerify's Argument | Held |
|---|---|---|---|
| Stay of discovery pending motions to dismiss | Speed to discovery serves his interests | Motions to dismiss likely to end case, so discovery wasteful | Heard at initial pretrial conference |
| Adjournment of Case Management Plan/conference | Adherence to original schedule is essential | Delay justified for efficiency and judicial economy | Denied |
| Validity of whistleblower/Dodd-Frank claim | Protected whistleblower activity alleged | Plaintiff was not Defendant's employee, claim defective | Not decided; part of motion to dismiss |
| Intent to amend complaint | Plans to add/clarify claims | Adjournment until scope of case clarified preferred | To be addressed at conference |
Key Cases Cited
- Oliver v. City of New York, 540 F. Supp. 3d 434 (S.D.N.Y. 2021) (discretion of court to stay discovery for good cause)
- Williams v. Rosenblatt Sec. Inc., 136 F. Supp. 3d 593 (S.D.N.Y. 2015) (Second Circuit does not deem whistleblowers a protected class under § 1985(3))
