Grant v. City of New York et al
| Earl Grant |
| CITY OF NEW YORK, Correction Officer John Mendez #5560, Deputy Warden Jane Jones #33 and Correction Officers John Does 1-7 |
| 1:2022cv10375 |
| December 8, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 13
NOTICE OF INITIAL PRETRIAL CONFERENCE AND ORDER granting in part and denying in part #6 Letter Motion for Discovery. As stated above, the Court GRANTS in part and DENIES in part Plaintiff's letter-motion and GRANTS Defendant's request for an extension of time. The Clerk of Court is respectfully directed to terminate ECF No. 6. Counsel for all parties shall appear for an initial pretrial conference March 9, 2023 at 11:00 a.m. and comply with all requirements set forth herein. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/27/2022) (jca) Modified on 12/27/2022 (jca).
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| Set/Reset Deadlines: City Of New York answer due 2/28/2023; Deputy Warden Jane Jones #33 answer due 2/28/2023; Correction Officer John Mendez #5560 answer due 2/28/2023., Set/Reset Hearings: (Initial Conference set for 3/9/2023 at 11:00 AM before Judge Jennifer L. Rochon.) (jca) |
| Filing 12 LETTER RESPONSE to Motion addressed to Judge Jennifer L. Rochon from Andrea Osgood dated December 23, 2022 re: #6 LETTER MOTION for Discovery addressed to Judge Jennifer L. Rochon from Earl Grant dated December 9, 2022. Response to Plaintiff's Motion for Discovery and Request for Enlargement of Time to Answer or Otherwise Respond to the Complaint. Document filed by City Of New York..(Osgood, Andrea) |
| Filing 11 NOTICE OF APPEARANCE by Andrea Osgood on behalf of City Of New York..(Osgood, Andrea) |
| Filing 10 AFFIDAVIT OF SERVICE of Order served on City of New York on 12/14/2022. Document filed by Earl Grant..(Barr, Samuel) |
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Filing 9
ORDER with respect to #6 Letter Motion for Discovery. The Court has reviewed Plaintiff's Letter-Motion. The Court is disinclined to grant Plaintiff's requested relief without first hearing from Defendant City of New York ("Defendant NYC"), especially because Plaintiff cites no authority in which a court has granted such relief under similar circumstances. Additionally, Plaintiff has not met and conferred with Defendant about his discovery request, as is required by the Court's Individual Rule 2.E. The Court acknowledges Plaintiff's purported need to proceed expeditiously with this request, but finds that there is not good cause to rule without Defendant's input. Moreover, any sense of urgency appears to be of Plaintiff's own making given the filing of this lawsuit near the end of the purported statute of limitations (the Court takes no position at this time on the statute of limitations), and that delay undercuts Plaintiff's claim of irreparable harm and the reasonableness of his request. Accordingly, Plaintiff shall serve this Order on Defendant City of New York and file proof of such service by December 16, 2022. The parties shall then have a good-faith meet and confer, pursuant to the Court's Individual Rule 2.E., by December 21, 2022. Defendant shall file a response to the Letter-Motion by December 23, 2022, including as to Plaintiff's discovery requests and request for leave to amend the Complaint. (Signed by Judge Jennifer L. Rochon on 12/14/2022) (rro)
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| Filing 8 AFFIDAVIT OF SERVICE. Service was accepted by Law Department Docketing Clerk. Document filed by Earl Grant..(Barr, Samuel) |
| Filing 7 AFFIDAVIT OF SERVICE. City Of New York served on 12/9/2022, answer due 12/30/2022. Document filed by Earl Grant. (Attachments: #1 Exhibit Proof of Service Receipt).(Barr, Samuel) |
| Filing 6 LETTER MOTION for Discovery addressed to Judge Jennifer L. Rochon from Earl Grant dated December 9, 2022. Document filed by Earl Grant..(Barr, Samuel) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to City Of New York..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alison Ellis Frick. The party information for the following party/parties has been modified: CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alison Ellis Frick. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Oneida;. (pc) |
| Filing 4 NOTICE OF APPEARANCE by Alison Ellis Frick on behalf of Earl Grant..(Frick, Alison) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Earl Grant..(Barr, Samuel) |
| Filing 2 CIVIL COVER SHEET filed..(Barr, Samuel) |
| Filing 1 COMPLAINT against CITY OF NEW YORK, John Does 1-7, Deputy Warden Jane Jones #33, Correction Officer John Mendez #5560. (Filing Fee $ 402.00, Receipt Number ANYSDC-27059013)Document filed by Earl Grant..(Barr, Samuel) |
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