Saint-Fort v. City of New York et al
| LENDEL SAINT-FORT |
| City of New York, MICHAEL LUGO, JONATHAN SUERO, SERGEANT PURRIER and POLICE OFFICERS JOHN & JANE DOE 4-10 |
| 1:2022cv06879 |
| November 10, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Nina R Morrison |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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ORDER granting #15 Motion for Extension of Time to File Answer: Defendant City of New York has filed an unopposed motion to extend the deadline to answer or otherwise respond to the Complaint. Under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), the Court is satisfied that the City of New York has demonstrated "good cause" as to why it should have been permitted to respond to the complaint after its deadline has elapsed. See Fed. R. Civ. P. 55(c); see also John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ("The filing of a late answer is analogous to a motion to vacate a default."); Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Specifically, the City of New York has shown that (1) the default was not willful by seeking consent for an extension and (2) Plaintiff would not be prejudiced because Plaintiff has consented to allowing Defendants to answer. (See ECF No. 15). While the City of New York does not expound on its defenses, in light of the "oft-stated preference for resolving disputes on the merits," the motion is granted. See Enron Oil Corp., 10 F.3d at 95. Accordingly, Defendants' deadline to answer or otherwise respond to the Complaint is extended to 02/17/2023. Plaintiff shall provide the signed release described in the letter (ECF No. 15 at 1 n.1) to Defendant by 01/19/2023. So Ordered by Magistrate Judge Marcia M. Henry on 12/28/2022. (MY)
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| Filing 15 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by City of New York. (Spears, Andrew) |
| Filing 14 NOTICE of Appearance by Andrew B. Spears on behalf of City of New York (aty to be noticed) (Spears, Andrew) |
| Filing 13 SUMMONS Returned Executed by Lendel Saint-Fort. City of New York served on 11/17/2022, answer due 12/8/2022; Michael Lugo served on 11/25/2022, answer due 12/16/2022; Sergeant Purrier served on 11/25/2022, answer due 12/16/2022; Jonathan Suero served on 11/25/2022, answer due 12/16/2022. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service) (Greenberg, Matthew) |
| Filing 12 NOTICE of Appearance by Joseph Paul Depaola on behalf of Lendel Saint-Fort (aty to be noticed) (Depaola, Joseph) |
| Filing 11 NOTICE of Appearance by Raquel Joy Greenberg on behalf of Lendel Saint-Fort (aty to be noticed) (Greenberg, Raquel) |
| Filing 10 NOTICE of Appearance by Alan M. Greenberg on behalf of Lendel Saint-Fort (aty to be noticed) (Greenberg, Alan) |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 8 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) Modified on 11/15/2022 (SR). |
| Filing 7 Summons Issued as to City of New York, Michael Lugo, Sergeant Purrier, Jonathan Suero. (Attachments: #1 Michael Lugo, #2 Jonathan Suero, #3 Sergeant Purrier) (SR) |
| Filing 6 Civil Cover Sheet.. by LENDEL SAINT-FORT (Greenberg, Matthew) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) |
| Case Assigned to Judge Nina Morrison and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
| Filing 5 Proposed Summons. Re #1 Complaint, by LENDEL SAINT-FORT (Greenberg, Matthew) |
| Filing 4 Proposed Summons. Re #1 Complaint, by LENDEL SAINT-FORT (Greenberg, Matthew) |
| Filing 3 Proposed Summons. Re #1 Complaint, by LENDEL SAINT-FORT (Greenberg, Matthew) |
| Filing 2 Proposed Summons. Re #1 Complaint, by LENDEL SAINT-FORT (Greenberg, Matthew) |
| Filing 1 COMPLAINT LENDEL SAINT-FORT against City of New York, POLICE OFFICERS JOHN & JANE DOE 4-10, MICHAEL LUGO, SERGEANT PURRIER, JONATHAN SUERO filing fee $ 402, receipt number ANYEDC-16129549 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LENDEL SAINT-FORT. (Greenberg, Matthew) |
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