Lipscomb v. City of New York et al

Filing 197

ORDER denying without prejudice 163 Motion for Summary Judgment. Accordingly, as Defendants have not received a full and fair opportunity to reply to Plaintiff's opposition, the Court denies the motion for summary judgment without prejudi ce. (ECF No. 163.) Defendants shall refile their motion by April 19, 2021. Plaintiff shall oppose the motion by May 17, 2021. Plaintiff is advised that the Court's Individual Rules set a 25-page limit for oppositions. Plaintiff shall conform her opposition to the Court's Individual Rules. Defendants shall submit their reply by May 24, 2021. This is a Court Order, and Plaintiff's counsel shall comply. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 3/22/2021) (rj)

Case 1:17-cv-10093-ALC-KNF Document 197 Filed 03/22/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
LADONNA JACKSON-LIPSCOMB,
:
:
Plaintiff,
:
:
-against:
:
CITY OF NEW YORK ET AL.,
:
Defendants.
:

March 22, 2021

17-CV-10093 (ALC) (KNF)
ORDER

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ANDREW L. CARTER, JR., United States District Judge:
Plaintiff has received nine extensions of time to oppose Defendants’ motion for summary
judgement in this matter. After Defendants filed their reply supporting their motion for summary
judgment, Plaintiff then filed an unfinished memorandum of law opposing Defendants’ motion for
summary judgement. (ECF No. 192.) Four days later, on November 17, 2020, Plaintiff filed a
presumably finished memorandum of law opposing Defendants’ motion that failed to comply with
my Individual Rules regarding page limits. (ECF No. 194.) This is unacceptable. The Court
acknowledges Plaintiff’s medical issues that she cites in her letter to the Court (ECF No. 196);
however, Plaintiff’s counsel must comply with the Court’s Orders.
While Defendants urge the Court to not consider Plaintiff’s memorandum of law in
opposition to the motion for summary judgment (ECF No. 193), the Court shall give Plaintiff’s
counsel the opportunity to properly oppose the motion on behalf of her client.

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Case 1:17-cv-10093-ALC-KNF Document 197 Filed 03/22/21 Page 2 of 2

Accordingly, as Defendants have not received a full and fair opportunity to reply to
Plaintiff’s opposition, the Court denies the motion for summary judgment without prejudice. (ECF
No. 163.) Defendants shall refile their motion by April 19, 2021. Plaintiff shall oppose the motion
by May 17, 2021. Plaintiff is advised that the Court’s Individual Rules set a 25-page limit for
oppositions. Plaintiff shall conform her opposition to the Court’s Individual Rules. Defendants
shall submit their reply by May 24, 2021. This is a Court Order, and Plaintiff’s counsel shall
comply.
SO ORDERED.

Dated:

March 22, 2021
New York, New York
ANDREW L. CARTER, JR.
United States District Judge

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