Price v. Simmons et al

Filing 143

ORDER granting 140 Motion to Substitute Party. The MTA does not oppose the substitution of names for the John and Jane Doe Defendants. (Dkt. #142). Accordingly, the Court grants Plaintiff's motion to substitute the names Stephen Mears an d Alison Schmitt for the John Doe and Jane Doe Defendants, respectively, and deeming the Fifth Amended Complaint (Dkt. #140-1), the operative complaint in this case. The Clerk of Court is respectively ORDERED to amend the case caption in accordance with the Fifth Amended Complaint. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/18/2019) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KELLY PRICE,
Plaintiff,
-v.THE CITY OF NEW YORK, et al.,

15 Civ. 5871 (KPF)
ORDER

Defendants.
KATHERINE POLK FAILLA, District Judge:
Plaintiff filed the operative Fourth Amended Complaint on May 26, 2017.
(Dkt. #69). On June 2, 2017, the Court issued a Valentin order, directing the
Metropolitan Transportation Authority (“MTA”) to “ascertain the identities of the
Jane Doe and John Doe Defendants whom Plaintiff seeks to sue here and the
addresses where these Defendants may be served” and to “provide this
information to Plaintiff and the Court within 60 days of the date of this Order.”
(Dkt. #72). The order stated that the “Court will then deem the Complaint
amended to name the John and Jane Doe Defendants.” (Id.). Plaintiff did not
obtain the identities of the Jane Doe and John Doe Defendants directly from
the MTA, but has since discovered the names of such defendants via a FOIL
request and response to a third-party subpoena directed to the MTA. (Dkt.
#141).
The MTA does not oppose the substitution of names for the John and
Jane Doe Defendants. (Dkt. #142). Accordingly, the Court grants Plaintiff’s
motion to substitute the names Stephen Mears and Alison Schmitt for the

John Doe and Jane Doe Defendants, respectively, and deeming the Fifth
Amended Complaint (Dkt. #140-1), the operative complaint in this case.
The Clerk of Court is respectively ORDERED to amend the case caption
in accordance with the Fifth Amended Complaint.
SO ORDERED.
Dated:

November 18, 2019
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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