Moore v. NYC Health Hospital et al

Filing 84

ORDER, The Court extends the deadline for Plaintiff to file a letter motion requesting default judgment to Thursday, November 17, 2022. The Clerk of the Court is respectfully directed to update Plaintiff's address on the docket to: Daniel Moo re, DIN # 19A0114, Green Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010. The Clerk of the Court is respectfully directed to mail copies of this order to: The pro se incarcerated Plaintiff at: Daniel Moore, DIN # 19A0114, GreenHaven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010; and CO Jones at 277 W. 19th Street, Deer Park, New York 11729. SO ORDERED. ( Motions due by 11/17/2022.) (Signed by Magistrate Judge Katharine H. Parker on 8/17/22) (yv)

Case 1:18-cv-00496-JPO-KHP Document 84 Filed 08/17/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

8/17/2022

DANIEL MOORE,
Plaintiff,

18-CV-0496 (JPO) (KHP)
ORDER

-againstNYC HEALTH HOSPITAL, et al.,
Defendants.
KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE.

On January 1, 2022, the Court filed an order stating that to the extent Plaintiff wants the
Court to issue a default judgment against CO Jones, he shall file a letter motion by April 1, 2022
requesting a default judgment and including proof of damages. (Id.) That order is attached.
The Clerk of the Court mailed a copy of the Order to Plaintiff at Sing Sing Correctional
Facility. However, it has come to the Court’s attention that Plaintiff was transferred to Green
Haven Correctional Facility, and he may not have received the Order.
Accordingly, the Court extends the deadline for Plaintiff to file a letter motion
requesting default judgment to Thursday, November 17, 2022.
The Clerk of the Court is respectfully directed to update Plaintiff’s address on the
docket to: Daniel Moore, DIN # 19A0114, Green Haven Correctional Facility, 594 Rt. 216,
Stormville, NY 12582-0010.
The Clerk of the Court is respectfully directed to mail copies of this order to:
•

The pro se incarcerated Plaintiff at: Daniel Moore, DIN # 19A0114, Green
Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010; and

•

CO Jones at 277 W. 19th Street, Deer Park, New York 11729.

SO ORDERED.

Case 1:18-cv-00496-JPO-KHP Document 84 Filed 08/17/22 Page 2 of 4

Dated: August 17, 2022
New York, New York

________________________________
KATHARINE H. PARKER
United States Magistrate Judge

Case 1:18-cv-00496-JPO-KHP Document 84
82 Filed 08/17/22
01/31/22 Page 3
1 of 4
2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/31/2022

DANIEL MOORE,
Plaintiff,

1-18-CV-0496 (JPO) (KHP)
ORDER

-againstNYC HEALTH HOSPITAL, et al.,
Defendants.
KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE.

A case management conference was scheduled for January 31, 2022 at 12:00 p.m.
According to the jail where Plaintiff is currently residing, they did not have the conference on
the schedule. Accordingly, the Court does not hold Plaintiff responsible for the nonappearance. The purpose of the conference was to discuss a time frame for Plaintiff to file a
request for a default judgment.
Plaintiff filed his complaint on January 18, 2018, and Defendant Jones has failed to plead
or otherwise answer in this case. The docket shows that on March 23, 2021, Defendant Jones
was served the summons and complaint by the U.S. Marshalls at his residence. (ECF No. 68.)
The City of New York Law Department made numerous attempts to contact Defendant Jones by
letter, phone number, or email, without success. (ECF Nos. 75, 78.) The City of New York Law
Department does not represent Defendant Correction Officer Jones.
At the last case management conference on September 16, 2021, Plaintiff requested
permission to move for default against Defendant Correction Officer Jones. Insofar as it is clear
Jones has not appeared to defend, I respectfully request that the Clerk of Court issue a
Certificate of Default against Defendant Jones.

Case 1:18-cv-00496-JPO-KHP Document 84
82 Filed 08/17/22
01/31/22 Page 4
2 of 4
2

To the extent that Plaintiff wants the Court to issue a default judgment, he shall file a
letter motion to the Court requesting a default judgment based on the allegations in the
Complaint. Additionally, for any damages to be awarded, Plaintiff must include proof of
damages with his request. Such proof could include medical records related to pain and
suffering for the period that Plaintiff went without a shoe lift and/or the period of time for
which Plaintiff was prescribed a cane. Plaintiff shall file this motion by April 1, 2022.
The Clerk of Court is directed to mail a copy of this Order to CO Jones at 277 W. 19th
Street, Deer Park, New York 11729.
The Clerk of the Court is directed to mail a copy of this order to the plaintiff.
Dated: January 31, 2022
New York, New York

SO ORDERED.
________________________________
KATHARINE H. PARKER
United States Magistrate Judge