Lurch, Jr. v. Chaput, MD et al

Filing 266

ORDER: By December 10, 2021, Plaintiff shall file his opposition papers to Defendants' motion for summary judgment, ECF No. 257. If the Court does not receive Plaintiff's opposition by that date, it shall consider the motion for summary judgment unopposed and rule on the merits accordingly. Defendants' reply, if any, shall by filed by December 26, 2021. As Defendants' motion for summary judgment remains pending and unopposed by Plaintiff, this case is not at the trial stage. Accordingly, Plaintiff's request for pro bono counsel is DENIED without prejudice to renewal once this matter is trial-ready. The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se. ( Responses due by 12/10/2021, Replies due by 12/26/2021.) (Signed by Judge Analisa Torres on 11/19/2021) (ate) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBERT DEREK LURCH JR.,
Plaintiff,
-againstM.D. FRANCE CHAPUT, R.N. MARIA
MARQUEZ, and NYPD OFFICERS (4),

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: ______________
DATE FILED: 11/19/2021
16 Civ. 2517 (AT)
ORDER

Defendants.
ANALISA TORRES, District Judge:
On October 13, 2021, the Court issued an order directing Plaintiff pro se, Robert Derek
Lurch Jr., to show cause for why this action should not be dismissed for failure to prosecute, as
Plaintiff had failed to file motion papers opposing Defendants’ motion for summary judgment
for over six months. ECF No. 263. The Clerk of Court mailed Plaintiff a copy of the order, but
it was returned as undeliverable. Dkt. Entry 10/26/2021. On November 18, 2021, Plaintiff filed
a memorandum indicating a change of address, ECF No. 264, and requesting that the Court
appoint pro bono counsel to represent him at trial, ECF No. 265. The Court shall consider these
submissions by Plaintiff as evidence that Plaintiff intends to litigate this action.
By December 10, 2021, Plaintiff shall file his opposition papers to Defendants’ motion
for summary judgment, ECF No. 257. If the Court does not receive Plaintiff’s opposition by that
date, it shall consider the motion for summary judgment unopposed and rule on the merits
accordingly. Defendants’ reply, if any, shall by filed by December 26, 2021.
As Defendants’ motion for summary judgment remains pending and unopposed by
Plaintiff, this case is not at the trial stage. Accordingly, Plaintiff’s request for pro bono counsel
is DENIED without prejudice to renewal once this matter is trial-ready.
The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se.
SO ORDERED.
Dated: November 19, 2021
New York, New York