Gray v. City of New York et al

Filing 56

MEMORANDUM AND ORDER, In response to the first of these letters, this Court's Individual Motion Practices and Rules do not require that a pro se litigant seek permission to move to amend his pleadings pursuant to Rule 15(a) of the FRCP. Accordin gly, pltff may file a cross-motion if he wishes. While a retaliation claim may not be foreclosed by a determination that the underlying discrimination claim is without merit, a motion to amend pleadings would obviously be moot if the pleadings have a lready been dismissed. Therefore, if pltff wishes to file such a motion, he must file it on or before 5/16/11. Alternatively, pltff may elect to raise the retaliation claim in a separate action. In response to the second of these letters, this Court notes that pre-motion conferences are conducted prior to the setting of a briefing schedule, generally for the purpose of winnowing out motions (or individual arguments) that are either premature or clearly without merit. The fact that a briefing sch edule has been already been set, therefore, implies that this Court has determined that a pre-motion conference is unnecessary or would not be productive. Even if conducted, a pre-motion conference would not assist pltff in "establishing a proce dure for responding to... complex legal issues." If pltff has procedural questions concerning how to respond to defts' motions, he may address these to the Pro Se Office at this Courthouse or call the Pro Se Office at 718-613-2665. Finally, in response to the third of pltff's letters, pltff's time to respond to defts' motions to dismiss is hereby extended to 5/13/11. Defts shall have until 5/27/11, to serve a reply and file all papers relating to the motions. (Ordered by Judge Sandra L. Townes on 4/27/2011) c/m (Galeano, Sonia)