Patterson v. Aponte et al

Filing 152

ORDER: Accordingly, the Court sua sponte extends Plaintiff's time to file his opposition, if any, to Defendant's motion for summary judgment to June 3, 2021. Defendant shall file a reply, if any, by June 24, 2021. If Plaintiff fails to fi le any opposition by June 3, 2021, the Court will deem the motion fully submitted and may (1) grant the motion based in whole or in part of Plaintiff's failure to oppose the motion, or (2) dismiss the case due to Plaintiff's failure to pro secute. Additionally, Plaintiff must promptly notify the Court of any change of address. SO ORDERED. (Responses due by 6/3/2021, Replies due by 6/24/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 5/5/2021) Order transmitted this date to all counsel of record and mailed to the pro se Plaintiff at the following address: Trent Patterson, 50 Kimberly Ln., Apt. 40A, Staten Island, New York 10304. (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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TRENT PATTERSON,
:
:
Plaintiff,
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- against :
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TIMOTHY JOHNSON,
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:
Defendant.
:
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5/5/2021
16-CV-3156 (PAE) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
On March 17, 2021, Defendant filed a motion for summary judgment. (Dkt. 147.)
Defendant served Plaintiff as described in Defendant’s letter dated May 4, 2021. (Dkt.
151.) The deadline for Plaintiff to file his opposition was May 3, 2021. Plaintiff did not file
any opposition. On April 22, 2021, defense counsel spoke with Plaintiff and reminded
him of the deadline and Plaintiff’s obligation to request an extension of time if he needed
more time. Plaintiff nevertheless failed to do either. Accordingly, the Court sua sponte
extends Plaintiff’s time to file his opposition, if any, to Defendant’s motion for summary
judgment to June 3, 2021. Defendant shall file a reply, if any, by June 24, 2021. If Plaintiff
fails to file any opposition by June 3, 2021, the Court will deem the motion fully submitted
and may (1) grant the motion based in whole or in part of Plaintiff’s failure to oppose the
motion, or (2) dismiss the case due to Plaintiff’s failure to prosecute. Additionally, Plaintiff
must promptly notify the Court of any change of address.

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SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: May 5, 2021
New York, New York
Order transmitted this date to all counsel of record and mailed to the pro se Plaintiff at the
following address:
Trent Patterson
50 Kimberly Ln., Apt. 40A
Staten Island, New York 10304

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