Buttaro v. Nigro et al

Filing 34

ORDER denying plaintiff's request [DE 33] for a further extension of time to retain new counsel and deeming him to be proceeding pro se. Plaintiff may file an amended complaint as to the equal protection claim only, on or before February 2, 201 7. The defendants' motion for a reconsideration of the Court's order of September 15, 2016 [DE 25] shall be filed on or before February 23, 2017. Ordered by Judge I. Leo Glasser on 1/12/2017. A copy of this order was mailed to the plaintiff. (Kessler, Stanley)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-X

THOMAS BUTTARO,

Plaintiff,

MEMORANDUM AND ORDER
15 CV 5703(ILG)

-againstCITY OF NEW YORK,et al.
Defendants.
X

GLASSER,United States District Judge:

On October 1, 2015,the plaintiff filed this action pursuant to 42 U.S.C.§§ 1981,1983,
1985 and The New York City Human Rights Law against the City of New York and the

members ofthe New York City Fire Department alleging First Amendment retaliation, selective

treatment, discrimination, conspiracy and municipal liability, DE 1. The defendants moved to
dismiss the complaint pursuant to Rule 12(b)(1) and 12(b)(6) DE 12,13, 14. In a Memorandum
and Order dated September 15, 2016,familiarity with which will be assumed,the Motion was

granted in part and denied in part. Surviving dismissal were his retaliation claims based on a
statement made during a fairness hearing and municipal liability, DE 25. The plaintiffs request
for leave to file an amended complaint was granted as to the equal protection claim only and, in

all other respects, was denied. The amended complaint, if any, was directed to be filed within 15

days ofthe date ofthe Order. The history of this action as it has subsequently unfolded is as
follows:

On September 23^'', approximately one week after the complaint was filed, plaintiffs

counsel sought permission ofthe Court to withdraw and requested that further proceedings be
stayed pending new counsel to be obtained by plaintiff or his continued appearance pro se, DE
26. In light ofthe foregoing, the defendants requested a stay of its time to move for
reconsideration of the Court's order until 3 weeks after plaintiff reports that he will seek to
amend his complaint, DE 27.

In an Order dated September 28, 2016, conditioned upon the absence of plaintiff's

response to counsel's request, permission to withdraw as counsel was granted. The Order

advised the plaintiff that a notice of appearance by new counsel shall be filed on or before
November 15, 2016,failing which he will be deemed to be proceeding, thereafter, pro se. The

Order also provided that the plaintiffs request to file an amended complaint on or before
September 30* was granted and unless the Court was advised that an amended complaint was no
longer contemplated, one was to be filed 3 weeks after new counsel appears. The defendant's

request for a stay to move for reconsideration ofthe Court's Order was granted to be filed on or
before 3 weeks after an amended complaint was filed or after the Court was advised that one was
no longer planned, DE 28.

In a letter dated November 14, 2016, one day before an appearance by new counsel was to

be filed, the plaintiff requested an extension oftime to retain new counsel and stated that he did
not oppose his counsel's request to withdraw, DE 29. In an Order dated November 16, 2016
counsel's request to withdraw was affirmed and plaintiffs request to obtain new counsel was
extended to December 29, 2016, DE 32.

In a letter dated December 28, 2016 the plaintiff makes another request for an extension
oftime to retain new counsel, DE 33.

In each of his requests he writes that he has "repeatedly been told time and again, that

either prospective counsel does not want to get involved in a case that is already in litigation or
that a union is involved in. Plaintiff feels that proceeding pro se would be detrimental to his
case."

In light of the foregoing, his request for a further extension is denied and he is now
deemed to proceed pro se. As described above, he may file an amended complaint as to the equal
protection claim only on or before February 2, 2017. The defendants's motion for a

reconsideration ofthe Court's Order of September 15, 2016, DE 25 shall be filed on or before
February 23, 2017.
SO ORDERED.

Dated:

Brooklyn, New York
January 12, 2017

/s/
1. Leo Glasser, U.S. District Judge

cc: Thomas A. Buttaro
10 Lillian Street

Port Jefferson Station

New York, NY 11776-1713