Komatsu v. The City of New York et al

Filing 339

ORDER: The defendants' motion to stay discovery (Docket # 331) is granted. In addition, discovery is stayed pending the filing and disposition of plaintiff's planned motion to amend his complaint given that disposition of that motion may affect the scope of discovery. The plaintiff's motion to amend was due on March 16, 2020. (Docket # 320). It was never filed, however. The Court construes plaintiff's recent filing (Docket # 334) as seeking an extension of that deadlin e. The Court will grant an extension of the deadline to May 1, 2020. Any opposition shall be filed within 14 days thereafter. Any reply may be filed within 7 days thereafter. The Court will also enlarge the page limitations for the memorandum of l aw accompanying the motion to 15 pages. All other pending requests for relief by plaintiff addressed to the undersigned are denied. The Court notes that, contrary to the statement in plaintiff's letter (Docket # 334), the Court in fact has no p ower to require an attorney to represent plaintiff but only has the power to appoint an attorney who volunteers. The Court has requested such a volunteer. (Docket # 260). To date, the pro se office has not found such a volunteer and given the pass age of time during which no counsel has volunteered, it appears unlikely that one will be found. The Southern District of New York has instituted new procedures for filing by a pro se party that do not require presence at the Courthouse. Plaintiff has the option of either mailing the materials or emailing them to the pro se office. Specific instructions for emailing are available athttps://www.nysd.uscourts.gov/sites/default/files/2020-04/2020-04-08-how-to-create-a-pdf-pro-se-instructions.pdf Defendants' counsel shall mail and email a copy of this Order to plaintiff and shall file proof of such service within five days., Motions due by 5/1/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/10/2020) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
TOWAKI KOMATSU,
:
Plaintiff,
:
-v.:
THE CITY OF NEW YORK, et al.,

ORDER

18 Civ. 3698 (LGS) (GWG)

:

Defendants.
:
---------------------------------------------------------------x
GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE
The defendants’ motion to stay discovery (Docket # 331) is granted. In addition,
discovery is stayed pending the filing and disposition of plaintiff’s planned motion to amend his
complaint given that disposition of that motion may affect the scope of discovery.
The plaintiff’s motion to amend was due on March 16, 2020. (Docket # 320). It was
never filed, however. The Court construes plaintiff’s recent filing (Docket # 334) as seeking an
extension of that deadline. The Court will grant an extension of the deadline to May 1, 2020.
Any opposition shall be filed within 14 days thereafter. Any reply may be filed within 7 days
thereafter. The Court will also enlarge the page limitations for the memorandum of law
accompanying the motion to 15 pages.
All other pending requests for relief by plaintiff addressed to the undersigned are denied.
The Court notes that, contrary to the statement in plaintiff’s letter (Docket # 334), the Court in
fact has no power to require an attorney to represent plaintiff but only has the power to appoint
an attorney who volunteers. The Court has requested such a volunteer. (Docket # 260). To
date, the pro se office has not found such a volunteer and given the passage of time during which
no counsel has volunteered, it appears unlikely that one will be found.
The Southern District of New York has instituted new procedures for filing by a pro se
party that do not require presence at the Courthouse. Plaintiff has the option of either mailing
the materials or emailing them to the pro se office. Specific instructions for emailing are
available at
https://www.nysd.uscourts.gov/sites/default/files/2020-04/2020-04-08-how-to-create-a-pdf-pro-s
e-instructions.pdf
Defendants’ counsel shall mail and email a copy of this Order to plaintiff and shall file
proof of such service within five days.

Dated: New York, New York
April 10, 2020
SO ORDERED:

______________________________
GABRIEL W. GORENSTEIN
United States Magistrate Judge

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