Hendrix v. Annucci et al

Filing 131

STIPULATION AND ORDER that : 1) Plaintiff may file a supplemental brief in opposition to the Motion for Summary Judgment, limited only to new issues or arguments arising from the deposition of Mr. McCarthy, by November 21, 2023;2) Defendants may fi le a response to Plaintiff's supplemental briefing by December 15, 2023; 3) Following the Court's decision on the Motion for Summary Judgment, and only if Defendants' Motion for Summary Judgment is not granted in its entirety, Plain tiff, within thirty (30) days of the Court's decision, may file a renewed motion for leave to amend the complaint to add Kevin McCarthy as a defendant; 4) Defendants shall waive any arguments regarding timeliness or delay in defense of any mo tion for leave to amend or motion to amend the complaint to add Kevin McCarthy as a defendant only for the time period from the filing of Plaintiff's letter motion to amend the complaint, Dkt. No. 122 , to thirty (30) days from the Court� 39;s decision on Defendants' Motion for Summary Judgment. Defendants maintain and reserve all other defenses available to any renewed motion by Plaintiff to amend the complaint; 5) Following a decision by the Court on a renewed motion to ame nd the complaint, and pursuant to the Court's discretion and willingness to allow further discovery, the parties shall meet and confer in good faith regarding any further discovery from or related to Kevin McCarthy; and 6) This stipulation is entered into subject to and without waiver of other defenses or rights either party may have. Signed by U.S. District Judge Glenn T Suddaby on 11/13/2023. (sal )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
TROY HENDRIX,
Plaintiff,
vs.
ANTHONY J. ANNUCCI, JAMES
O’GORMAN, JOSEPH BELLNIER,
PATRICK REARDON, JUSTIN THOMAS,
JOHN COLVIN,

Case No. 9:20-cv-00743-GTS-TWD
STIPULATION

Defendants.

WHEREAS, Defendants filed a Motion for Summary Judgment on March 24, 2023 (Dkt. 108);
WHEREAS, Plaintiff filed an opposition to Defendants’ Motion for Summary Judgment on May
15, 2023 (Dkt 114);
WHEREAS, Plaintiff filed a letter motion to amend complaint on July 14, 2023 (Dkt. 122); and
WHEREAS, the Court granted Plaintiff leave to depose non-party Kevin McCarthy and denied
Plaintiff’s request to amend the complaint to add Kevin McCarthy as a defendant without
prejudice to renewal after the deposition (Dkt. 126); and
WHEREAS, Plaintiff deposed non-party Kevin McCarthy on August 29, 2023; and
WHEREAS, Plaintiff wishes to supplement his opposition to the Motion for Summary
Judgment;
WHEREAS, the parties agree, in the interest of judicial economy, to defer any potential renewal
of Plaintiff’s motion to amend the complaint to add Kevin McCarthy as a defendant until the
Court decides the pending Motion for Summary Judgment;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the
undersigned:
1.

Plaintiff may file a supplemental brief in opposition to the Motion for Summary
Judgment, limited only to new issues or arguments arising from the deposition of Mr.
McCarthy, by November 21, 2023;

2.

Defendants may file a response to Plaintiff’s supplemental briefing by December 15,
2023;

3.

Following the Court’s decision on the Motion for Summary Judgment, and only if
Defendants’ Motion for Summary Judgment is not granted in its entirety, Plaintiff,
within thirty (30) days of the Court’s decision, may file a renewed motion for leave to
amend the complaint to add Kevin McCarthy as a defendant;

4.

Defendants shall waive any arguments regarding timeliness or delay in defense of any
motion for leave to amend or motion to amend the complaint to add Kevin McCarthy
as a defendant only for the time period from the filing of Plaintiff’s letter motion to
amend the complaint, Dkt. 122, to thirty (30) days from the Court’s decision on
Defendants’ Motion for Summary Judgment. Defendants maintain and reserve all
other defenses available to any renewed motion by Plaintiff to amend the complaint;

5.

Following a decision by the Court on a renewed motion to amend the complaint, and
pursuant to the Court’s discretion and willingness to allow further discovery, the
parties shall meet and confer in good faith regarding any further discovery from or
related to Kevin McCarthy;

6.

This stipulation is entered into subject to and without waiver of other defenses or
rights either party may have.

Dated: November 9, 2023
/s/Cassandra Liu
Cassandra Liu
Bar Roll No. 701850
Sidley Austin LLP
787 Seventh Avenue
New York, New York 10019
Telephone: [phone]
Email: [e-mail]

/s/Matthew J. Gallagher
Matthew J. Gallagher
Assistant Attorney General, of Counsel
Bar Roll No. 701111
The Capitol
Albany, New York 12224
Telephone: [phone]
Email: [e-mail]

Attorney for Plaintiff

Attorney for Defendants

/s/Patrick M. Domery
Patrick M. Domery
1220 Washington Avenue
Albany, New York 12226
Telephone: [phone]
Email: [e-mail]
Attorney for New York State Department of
Corrections

So Ordered:
____________________________________
Hon. Glenn T. Suddaby
United States District Court Judge

Dated: November 13, 2023