Brown v. N.Y.C.H.A. et al
OPINION AND ORDER re: 12 MOTION to Dismiss the Complaint filed by N.Y.C.H.A.: For the reasons set forth above, IT IS HEREBY ORDERED THAT: (1) Defendant NYCHA's motion to dismiss is GRANTED. The Clerk of the Court is respectfu lly directed to terminate the motion pending at Doc. No. 12 and to dismiss NYCHA from this case. (2) The Clerk of the Court shall serve the New York City Law Department with a copy of this Order. The New York City Law Department shall, no later than September 5, 2014, advise the Court of whether it is representing the Officer Defendants and, if so, whether they consent to waiver of service. (3) If the New York City Law Department is not representing the Officer Defendants or if the Officer Defen dants do not consent to waiver of service, the New York City Law Department shall, no later than September 5, 2014, provide Plaintiff with: (a) the Officer Defendants' full names, (b) their badge numbers, and (c) the addresses at which they may be served, and notify the Clerk of the Court once this information has been provided. Upon such notification, the Clerk of Court shall send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of the Officer Defendants. The Plaintiff must complete the USM-285 forms and return them to the Court no later than September 26, 2014 so the Marshals Service can effectuate service. If Plaintiff does not wish to use the Marshals Service to effectuate serv ice, he shall so advise the Court no later than September 26, 2014. No matter what method of service Plaintiff chooses, he must effectuate service within 90 days of the date on which he receives the Officer Defendants' information from the New Y ork City Law Department. (4) Once the Officer Defendants have been served, or have waived service, they shall answer or otherwise respond to the Complaint in conformity with the Federal Rules of Civil Procedure. N.Y.C.H.A. terminated. (USM-285 Form due by 9/26/2014.) (Signed by Judge Richard J. Sullivan on 9/2/2014) (tn)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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