Cintron v. Doe 1 et al
| Rafael Cintron |
| John Doe 1 and John Doe 2 |
| 1:2018cv01619 |
| February 21, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Unassigned |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
65
OPINION & ORDER re: 55 MOTION to Dismiss Pursuant to FED. R. CIV. P. 12(c). filed by Eric Weshner. For the foregoing reasons, Defendant's motion to dismiss Plaintiffs amended complaint is granted. The Clerk of Court is respectfully directed to terminate item fifty-five (55) on the docket and close this case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 5/4/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing
62
ORDER with respect to 55 Motion to Dismiss. On August 7, 2020, the Court granted Plaintiff's application to extend the deadline for response to Defendant's motion to September 30, 2020. The Court has not since received any response fro m Plaintiff. No later than November 16, 2020, Plaintiff shall file either a response to Defendants' motion or a letter indicating that he does not intend to file a response. If Plaintiff informs the Court that he intends to pursue this action bu t chooses not to oppose Defendant's motion, the Court will deem the motion fully briefed and take it under submission. See Goldberg v. Danaher, 599 F.3d 181, 183 (2d Cir. 2010) ("'Where the pleadings are themselves sufficient to withst and dismissal, a failure to respond to a 12(c) motion cannot constitute a "default" justifying dismissal of the complaint.'" (quoting Maggette v. Dalsheim, 709 F.2d 800, 802 (2d Cir. 1983))). If, however, Plaintiff does not respon d to this Ordereither by responding to the motion for judgment on the pleadings or by submitting a letter indicating that he does not intend to respondand does not request an extension to do so by November 16, 2020, the Court may dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/16/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
61
OPINION AND ORDER: For the foregoing reasons, the Bankruptcy Court's decision is affirmed. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/6/2020) (va) Transmission to Orders and Judgments Clerk for processing.
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Filing
42
OPINION & ORDER re: 33 MOTION to Dismiss Pursuant to FED. R. CIV. P. 12(c). filed by Mattew Cerney, Melvin Mejia. For the foregoing reasons, Mejia and Cerney's motion for judgment on the pleadings is granted and the claims a gainst Dye are dismissed sua sponte. Defendants Mejia, Cerney, and Dye are therefore dismissed from this case. Plaintiffs claims against Weshner, which arise out of the May 2014 arrest, shall proceed. The City is directed, no later than Septemb er 18, 2019, to submit a letter updating the Court about its efforts to locate a valid service address for Weshner. According to the City, Plaintiff has not yet provided the City with an executed § 160.50 release, which would allow the City to investigate Plaintiffs claims arising out of the May 2014 arrest Plaintiff is directed to provide an executed copy of such a release to the City no later than October 4, 2019, or, if he is unable to do so, to submit a letter to the Court explaini ng his inability to provide the release. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to Rule 4l(b) of the Federal Rules of Civil Procedure. A copy of the§ 160.50 Release is attached to this Opi nion. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 33 and to mail a copy of this Opinion to Plaintiff at the address provided on the docket. The Clerk of Court is further directed to amend the official caption to reflect the identity of the John Doe defendant as Eric Weshner and to reflect that Mejia, Cerney and Dye have been dismissed from the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/3/2019) Eric Weshner added. Michael Dye (Shield #2064), Melvin Mejia (Shield #00301), Mattew Cerney (Shield #6487) and John Doe 1 (ID #892171) terminated. (ks) Transmission to Docket Assistant Clerk for processing.
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