Anderson v. Spizziota et al

Filing 268

ORDER: SO ORDERED that Daniel Jiminez, Brandan Jones and Jose Molina must each serve and file an affidavit on or before March 25, 2013 providing the Court with a new address and telephone number at which he can be contacted. THE ABOVE-REFERENCED PLAI NTIFFS ARE ADVISED THAT A FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING DISMISSED IN THEIR ENTIRETY WITH PREJUDICE PURSUANT TO RULES 37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE. The Clerk of the Court is directed to serve notice of entry of this order upon all parties to the consolidated action in accordance with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each plaintiffs address of record pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of the Court. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 2/25/2013. (Florio, Lisa)

FILED
IN CLERK'S OFFICE
U 5 DISTRICT COURT E 0 NV

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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LONG : _ .. dU OFFICE

WALTER LEE ANDERSON, et al.,
Plaintiffs,

ORDER
11-CV-5663 (SJF)(WDW)

-againstMICHAEL SPOSATO, individually and
in his official capacity as Nassau County
Sheriff, et al.,
Defendants.

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FEUERSTEIN, District Judge
By Order dated February 13, 2012 (the "Consolidation Order"),inter alia: (a) thirty-three (33)
complaints brought by incarceratedpro se plaintiffs pursuant to 42 U.S.C. § 1983 ("Section 1983")
challenging the conditions at the Nassau County Correctional Center ("NCCC") were consolidated for
all purposes to proceed under the lead case,Anderson. et al. v. Sposato. et al, No. 11-CV-5663; and (b)
all subsequently filed prose actions relating to the subject matter of the consolidated action were
directed to be consolidated under the lead case docket number.
Mail sent by the Court to the following three (3) plaintiffs in the consolidated action at their
addresses of record have been returned as undeliverable: Daniel Jiminez (Doc. Nos. 260, 264); Brandan
Jones (Doc. Nos. 254, 262); and Jose Molina (Doc. No. 263j. None of those plaintiffs have notified the
Court of a change of address or otherwise provided updated contact information.
"The duty to inform the Court and defendants of any change of address is 'an obligation that
rests with all prose plaintiffs."' Alomar v. RecarQ, No. 07-CV-5654, 2010 WL 451047, at* 2
(S.D.N.Y. Feb. 9, 2010) (quotingHandlin v. Garvey. No. 91 Civ. 6777, 1996 WL 673823, at* 5
(S.D.N.Y. Nov. 20, 1996));see also Hayes v. ShieiQ, No. II Civ. 3714, 2012 WL 31 14843, at* I
(S.D.N.Y. July 5, 2012),report and recommendation adopted ]2y 2012 WL 3115798 (S.D.N.Y.
Aug. I, 2012); Ackridge v. Martine;-; No. 09 Civ. 10400,201 I WL 5865265, at* 3 (S.D.N.Y. Nov. 22,

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Daniel Jiminez's address of record is 2308 Mott Avenue, Far Rockaway, New York
11691. Brandan Jones' address of record is the Wyoming Correctional Facility. Jose Molina's
address of record is the Queen Private Detention Center.

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2011) ("[W]hen a party changes addresses, it is his obligation to notify the court of his new address.").
The above-named plaintiffs cannot proceed with their claims unless the Court and defense counsel are
able to contact them to, inter alia, obtain discovery, serve motions and schedule trial. See,~ United
States ex rei. Roundtree v. Health and Hospitals Police Dept. of New Yor)<:No. 06 Civ. 212,2007 WL
1428428, at* I, 2 (S.D.N.Y. May 14, 2007) (holding that "defendants are at a severe disadvantage in
not knowing the address of the prose litigant who has brought suit against them.")Coleman v. Doe
No. 05-cv-5849, 2006 WL 2357846, at* 3 (E.D.N.Y. Aug. 14, 2006) ("To require defendants to move
forward would be impossible without plaintiffs participation.") "When a prose litigant fails to provide
the Court with notice of a change of address, the Court may dismiss the litigant's claims."Bemard v.
Romen, No. II cv 6346, 2012 WL 6594622, at* 2 (E.D.N.Y. Oct. 15, 2012)report and
recommendation adopted Qx 2012 WL 6594525 (E.D.N.Y. Dec. 18, 2012).
Accordingly, Daniel Jiminez, Brandan Jones and Jose Molina must each serve and file an
affidavit on or before March 25, 2013 providing the Court with a new address and telephone number at
which he can be contacted.

THE ABOVE-REFERENCED PLAINTIFFS ARE ADVISED THAT A FAILURE TO
COMPLY WITH THIS ORDER WILL RESULT IN THAT PLAINTIFF'S CLAIMS BEING
DISMISSED IN THEIR ENTIRETYWITH PREJUDICE PURSUANT TO RULES
37(b)(2)(A)(v) AND 41(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE.

Pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, the Clerk of the Court is
directed to serve notice of entry of this order upon all parties to the consolidated action in accordance
with Rule 5(b) of the Federal Rules of Civil Procedure, including mailing a copy of this order to each
plaintiffs address of record pursuant to Rule 5(b)(C) and leaving a copy of this order with the Clerk of
the Court pursuant to Rule 5(b)(2)(D).
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

Dated: February 25, 2013
Central Islip, New York