Castro v. City of New York et al

Filing 88

ORDER re: 87 Order on Motion for Summary Judgment. On October 3, 2019, Defendants filed a motion for summary judgment. Plaintiff's response to Defendants' motion was due by October 24, 2019. On November 15, 2019, the Court issued an Or der directing Plaintiff to either file a response to Defendants' motion for summary judgment or a letter indicating that he does not intend to file a response by December 6, 2019. The Court has not received a response or a letter from Plaintiff. Plaintiff's date to file a response or letter is hereby extended to December 30, 2019. If Plaintiff informs the Court that he intends to pursue this action but chooses not to oppose Defendants' motion, then the Court will deem the motion f ully briefed and take it under submission. See Jackson v. Fed. Exp., 766 F.3d 189, 194 (2d Cir. 2014). If, however, Plaintiff does not respond to this Order, either by responding to the motion for summary judgment or by submitting a letter indicating that he does not intend to do so, then the Court may dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Responses due by 12/30/2019) (Signed by Judge Ronnie Abrams on 12/12/2019) (kv) Transmission to Docket Assistant Clerk for processing.

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC-SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED= 1;-,( If { MARCELINO CASTRO, 11 Plaintiff, V. No. 16-CV-8147 (RA) CITY OF NEW YORK; JANET SMITH; LEISHA ORTIZ; OCTAVIAN DUGGINS & TRISHANN MOWAT, ORDER Defendants. RONNIE ABRAMS, United States District Judge: On October 3, 2019, Defendants filed a motion for summary judgment. Plaintiffs response to Defendants' motion was due by October 24, 2019. On November 15, 2019, the Court issued an Order directing Plaintiff to either file a response to Defendants' motion for summary judgment or a letter indicating that he does not intend to file a response by December 6, 2019. The Court has not received a response or a letter from Plaintiff. Plaintiffs date to file a response or letter is hereby extended to December 30, 2019. If Plaintiff informs the Court that he intends to pursue this action but chooses not to oppose Defendants' motion, then the Court will deem the motion fully briefed and take it under submission. See Jackson v. Fed. Exp., 766 F.3d 189, 194 (2d Cir. 2014). If, however, Plaintiff does not respond to this Order, either by responding to the motion for summary judgment or by submitting a letter indicating that he does not intend to do so, then the Court may dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. Dated: December 12, 2019 New York, New York RonnieA'b-?ams United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?