Bailey v. Pataki et al

Filing 52

ORDER: To assist the Court in reaching a decision regarding plaintiff's motion for reconsideration, the Court hereby directs defense counsel to submit to the Court by no later than December 7, 2009 an affidavit or declaration indicating, first, whether any of the aforementioned defendant officials intends to move for dismissal of the claims against him or her on grounds of qualified immunity, and if so, whether any part of that motion would include affidavits or testimony from said defendants and, second, whether defense counsel intends to call any of the defendant officials as witnesses at trial and, if so, the purpose(s) for which said defendants would be called. (Signed by Judge Jed S. Rakoff on 11/30/2009) (jpo)

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