Price v. Simmons et al

Filing 222

ORDER: At the conference, Plaintiff indicated that she would report to the Court as to (i) any findings from her review of the file produced by her previous counsel at Cravath, Swaine & Moore that might alter the Court's conclusion as to the DA NY Defendants, as well as (ii) her intent to pursue a "deliberate indifference" theory as to the DANY Defendants. The Court hereby ORDERS Plaintiff to file a letter on or before July 1, 2024, updating the Court on these matters, as appropriate, and proposing next steps in this action. (Signed by Judge Katherine Polk Failla on 6/10/2024) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KELLY PRICE,
Plaintiff,
-v.THE CITY OF NEW YORK; INSPECTOR
OLUFUNMILO F. OBE, in her individual and
official capacity; SELVENA BROOKS, in her
individual and official capacity; OFFICER
ISELAINE GUICHARDO HERMENE GILDO
GRUZ, in her individual and official capacity;
MTA OFFICER JOHN DOE, in his individual and
official capacity; LT. NICHOLAS CORRADO, in
his individual and official capacity; ROSE
PIERRE-LOUIS, in her individual and official
capacity; DETECTIVE LINDA SIMMONS, in her
individual and official capacity; LIEUTENANT
RAYMOND DEJESUS, in his individual and
official capacity; OFFICER JOHN STAINES, in
his individual and official capacity; MTA
OFFICER JANE DOE, in her individual and
official capacity; SERGEANT SHEVITZ, in his
individual and official capacity; OFFICER
EMMET, in his individual and official capacity;
STEPHEN MEARS; and ALISON SCHMITT,

15 Civ. 5871 (KPF)
ORDER

Defendants.
KATHERINE POLK FAILLA, District Judge:
On April 24, 2024, the Court held a telephone conference to discuss
Plaintiff’s February 23, 2024 letter (Dkt. #211) regarding suspected deficiencies
in the January 10, 2022 letter (Dkt. #202) submitted by Susan Roque, Director
of the District Attorney of New York’s (“DANY”) Special Litigation Bureau, on
behalf of members of DANY who were formerly defendants in this action (the
“DANY Defendants”); the response of Assistant District Attorney Christina Ante

to Plaintiff’s February 23, 2024 letter (Dkt. #216); and Plaintiff’s further reply
(Dkt. #217). At the conference, the Court denied without prejudice to renew
Plaintiff’s motion to compel certain supplemental discovery from the DANY
Defendants. (See April 24, 2024 Minute Entry).
At the conference, Plaintiff indicated that she would report to the Court
as to (i) any findings from her review of the file produced by her previous
counsel at Cravath, Swaine & Moore that might alter the Court’s conclusion as
to the DANY Defendants, as well as (ii) her intent to pursue a “deliberate
indifference” theory as to the DANY Defendants. The Court hereby ORDERS
Plaintiff to file a letter on or before July 1, 2024, updating the Court on these
matters, as appropriate, and proposing next steps in this action.
SO ORDERED.
Dated: June 10, 2024
New York, New York
KATHERINE POLK FAILLA
United States District Judge

2