Taylor v. Trigeno et al

Filing 276

ORDER: Plaintiff has filed a letter requesting that the Court enter default judgment against Defendants in this case. See Dkt. No. 275. Plaintiff argues that Defendants have "defaulted" because they did not file a reply in support of a m otion to dismiss by the November 18, 2022 deadline. Id. However, the City Defendant filed a reply in support of its motion to dismiss on November 18, 2022.1 Dkt. No. 274. Because the City Defendant filed its reply by the November 18, 2022 deadline , Plaintiff's request for the entry of a default judgment against the City Defendant is denied. The Clerk of Court is directed to mail a copy of this order by first-class mail to the plaintiff. (Signed by Judge Gregory H. Woods on 12/9/2022) (rro)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 12/9/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------- X
:
ROY TAYLOR,
:
:
Plaintiff,
:
:
-v:
:
NYPD OFFICER ALYSSA TRIGENO,
:
NYPD SGT. MICHAEL DUNLAVEY,
:
RIKERS C.O. QUAYYUM, and CITY OF
:
NEW YORK,
:
:
Defendants. :
:
------------------------------------------------------------- X

1:16-cv-1143-GHW
ORDER

GREGORY H. WOODS, United States District Judge:
Plaintiff has filed a letter requesting that the Court enter default judgment against
Defendants in this case. See Dkt. No. 275. Plaintiff argues that Defendants have “defaulted”
because they did not file a reply in support of a motion to dismiss by the November 18, 2022
deadline. Id. However, the City Defendant filed a reply in support of its motion to dismiss on
November 18, 2022. 1 Dkt. No. 274. Because the City Defendant filed its reply by the November
18, 2022 deadline, Plaintiff’s request for the entry of a default judgment against the City Defendant
is denied.
The Clerk of Court is directed to mail a copy of this order by first-class mail to the plaintiff.
SO ORDERED.
Dated: December 9, 2022
New York, New York

1

__________________________________
GREGORY H. WOODS
United States District Judge

The reply includes a declaration of service stating that the reply was mailed to Plaintiff. Id. at 8. It appears that
Plaintiff had not received the reply as of November 24, 2022, the date of Plaintiff’s letter. See Dkt. No. 275.