Walker v. The City of New York et al
| Michael Walker |
| The City of New York, Joseph Ponte, Carolyn Sanders, Nadene Pinnock, Health and Hospital Corporation, Vicki Burgess, Nina Edwards and John and Jane Does 1 thru 20 |
| 1:2017cv09414 |
| November 30, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
93
ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without t he necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prej udice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case...., Mo tions terminated: 91 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Christopher Ferreira, Esq. dated December 17, 2019. filed by The City of New York, Vicki Burgess, NYC Health + Hospitals, Nina Edwards, Carolyn Sanders, Cynthia Braun, Nadene Pinnock, 82 MOTION to Amend/Correct 2 Complaint. filed by Michael Walker. (Signed by Judge Katherine Polk Failla on 12/20/2019) (rj)
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Filing
90
ORDER: On October 15, 2019, the Court entered a briefing schedule concerning Plaintiff's anticipated motion to amend his complaint. (Dkt. #81). Plaintiff was to file his motion to amend on or before November 29, 2019, and Defendants were to file their opposition papers on or before December 20, 2019. (Id.). Plaintiff was not granted leave to file reply papers in further support of his motion to amend. (Id.). On October 28, 2019, Plaintiff filed his motion to amend the complaint (Dkt . #82), with a supplemental motion papers filed on November 4, 2019. (Dkt. #83). Plaintiff filed a proposed amended complaint on November 14, 2019. (Dkt. #85, 86). Since that time, Plaintiff has filed two supplemental letters concerning his motion to amend (Dkt. #87, 88), and a supplemental proposed amended complaint (Dkt. #89). The Court will consider all of these submissions as Plaintiff's papers in support of his motion to amend. The Court will not consider further submissions, as the deadline to file the motion to amend has passed. (Dkt. #81). Defendants shall file their opposition papers on or before December 20, 2019. Thereafter, the Court will decide Plaintiff's pending motion to amend. (Signed by Judge Katherine Polk Failla on 12/2/2019) Copies Mailed By Chambers. (rro)
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Filing
42
OPINION AND ORDER re: 35 MOTION to Dismiss . filed by The City of New York, Vicki Burgess, NYC Health + Hospitals, Nina Edwards, Carolyn Sanders, Cynthia Braun, Nadene Pinnock. For the reasons stated in this Opinion, Defend ants' motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's claims under the ADA and the Rehabilitation Act for assistive devices, a sighted guide, and changes in housing remain viable. His other claims are dismissed with prejudice. The Clerk of Court is directed to terminate the motion at docket entry 35. Per the Court's individual rules, the parties are ORDERED to meet and confer and submit a proposed case management plan to the Court on or before March 15, 2019. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/12/2019) Copies Mailed By Chambers. (rro)
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