Sosa De Los Santos v. Szwalek et al

Filing 18

ORDER, Pltff's request to amend his complaint is granted. As no claims remain against the individual defts, defts' counsel's request to dismiss pltff's claims against the individual defts with prejudice is denied. The Clerk of Cou rt shall file pltff's "Motion to Amend" as his Amended Complaint; the individual defts shall be terminated and the United States of America shall be added as the sole deft. Defts' counsel shall notify the Court by 11/30/09 whethe r the United States Attorneys Office shall accept service of the amended summons and complaint on behalf of the United States. The United States has made clear that it intends to move to dismiss pltff's amended complaint and the Court sets the f ollowing schedule: deft shall respond to pltff's complaint by 1/29/10; pltff shall oppose deft's motion by serving deft's counsel by 3/1/10. Deft shall serve any reply and file the fully briefed motion electronically by 3/15/10. Should pltff fail to oppose deft's motion by 3/1/10, deft shall electronically file its motion and the Court shall consider it unopposed. Pltff may contact the Court's Pro Se Office at (718) 613-2665 for direction re: how to oppose a motion. (Ordered by Magistrate Judge Lois Bloom on 11/24/2009) c/m (Galeano, Sonia)