Hutter v. Schriro et al

Filing 298

ORDER: The parties appeared telephonically before the Court on July 21, 2021 for a conference. It was agreed that: (As further set forth herein.) Mr. Hutter shall file his Fourth Amended Complaint no later than August 23, 2021. As discussed at the July 21 conference, Mr. Hutter shall substitute as a defendant the warden who served at the time of the alleged incidents. The City has no objection to Mr. Hutter's making this substitution. ( Amended Pleadings due by 8/23/2021.) (Signed by Judge Loretta A. Preska on 7/26/2021) (va)

Case 1:16-cv-06586-LAP Document 298 Filed 07/26/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
STEVEN HUTTER,
Plaintiff,
16 Civ. 6586 (LAP)

v.
COMMISSIONER DORA SCHRIRO, et
al.,

ORDER

Respondents.

LORETTA A. PRESKA, Senior United States District Judge:
The parties appeared telephonically before the Court on
July 21, 2021 for a conference.

It was agreed that:

•

The City shall provide Mr. Hutter with the name of the
officer whose shield number Mr. Hutter describes in his
letter of March 25, 2021, (see dkt. no. 286 at 2). The
City also shall provide Mr. Hutter with the name of the
RNDC receiving room captain, (see dkt. no. 256 at 3), to
the extent the City can discern the identity of the officer
based on the information that Mr. Hutter has provided.

•

Mr. Hutter’s interrogatories as to the named defendants
(dkt. no 176) and Mr. Alkinston (dkt. no. 164) shall be
considered served as of July 21, 2021.

•

The Court will construe Mr. Hutter’s filings at docket
entries 289 and 292 as motions but, based on counsel’s
representation that the City is not withholding information
on the basis of the objections it has lodged in its
interrogatory responses, will consider those motions moot.
The Clerk of Court shall close those motions.

•

Mr. Hutter shall file his Fourth Amended Complaint no later
than August 23, 2021. As discussed at the July 21
conference, Mr. Hutter shall substitute as a defendant the
warden who served at the time of the alleged incidents.
The City has no objection to Mr. Hutter’s making this
substitution.

Case 1:16-cv-06586-LAP Document 298 Filed 07/26/21 Page 2 of 2

•

The Court will consider Section 2.A of Mr. Kaufman’s letter
of August 28, 2020 as Defendants’ motion to dismiss Mr.
Hutter’s claims arising out of the conditions of the RNDC
bathroom. Mr. Hutter shall provide his response to this
motion no later than two weeks after he files his Fourth
Amended Complaint.

•

The Court will consider docket number 290 as the City’s
motion to dismiss the Riker’s medical personnel from the
case. After Mr. Hutter files his Fourth Amended Complaint,
Counsel for the City shall inform the Court whether the
City intends to amend or supplement that motion. The Court
then will set a deadline for Mr. Hutter to provide a
response.

•

Counsel for the City shall update the Court by email, with
Mr. Hutter in copy, within two weeks, about the possibility
of executing a “Son of Sam” law waiver.

•

The Court intends to schedule a settlement conference
around the time of the filing of Mr. Hutter’s Fourth
Amended Complaint.
SO ORDERED.

Dated:

New York, New York
July 26, 2021
__________________________________
LORETTA A. PRESKA
Senior United States District Judge