Komatsu v. The City of New York et al

Filing 595

ORDER: It is hereby ORDERED that Plaintiff's applications identified in the third paragraph of this Order are DENIED because they violate the Orders at Dkt. Nos. 512, 542. It is further ORDERED that Defendants' application at Dkt. No. 592 is GRANTED in part. By June 18, 2021, Plaintiff may refile his objections to the Report not to exceed 10 pages, see Individual Rule III.B.1, or Plaintiff may rely on the first 10 pages of Plaintiff's previously filed objections at Dkt. No. 5 85 and need not file anything new. The deadline for Defendants to file their response to Plaintiff's objections to the Report is hereby extended to July 8, 2021. Plaintiff is advised that any materials emailed to the Court that do not comply with the Orders at Dkt. Nos. 512 and 542 will be deleted. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/11/2021) (cf) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
TOWAKI KOMATSU,
:
Plaintiff,
:
:
:
-against:
:
THE CITY OF NEW YORK, et al.,
Defendants. :
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18 Civ. 3698 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on February 23, 2021, discovery was stayed in this matter pending
determination of Defendants’ motion for dismissal as a sanction or for failure to prosecute. Dkt.
No. 512.
WHEREAS, on April 12, 2021, the Court directed pro se Plaintiff “to make no further
applications except as they relate to” the pending motion for sanctions, Dkt. Nos. 492, 496, and
an order to show cause, Dkt. No. 520. Dkt. No. 542.
WHEREAS, Plaintiff has made several applications including those for reconsideration,
injunctive relief, to show cause and sanctions for non-compliance with purported discovery
obligations that violate the Orders at Dkt. Nos. 512, 542. See Dkt. Nos. 543, 549, 550, 551, 552,
554, 556, 559, 560, 569, 574, 576, 577, 579, 584, 590, 591.
WHEREAS, on May 28, 2021, Judge Gorenstein issued a report and recommendation
(the “Report”) that Plaintiff’s complaint be dismissed with prejudice. Dkt. No. 583.
WHEREAS, Plaintiff has filed several objections to the Report that fail to comply with
Individual Rule III.B.1. See Dkt. Nos. 585, 588, 589, 590.
WHEREAS, on June 3, 2021, the Court directed Defendants to file a response to
Plaintiff’s objections by June 17, 2021. Dkt. No. 587.

WHEREAS, on June 9, 2021, Defendants filed a letter, Dkt. No. 592, requesting that
Plaintiff’s objections be stricken, defendants’ deadline to respond be adjourned sine die and the
Report be adopted.
WHEREAS on June 9, 2021, Plaintiff filed a letter stating, among other things, his intent
to email discovery materials to the Court. Dkt. No. 593. It is hereby
ORDERED that Plaintiff’s applications identified in the third paragraph of this Order are
DENIED because they violate the Orders at Dkt. Nos. 512, 542. It is further
ORDERED that Defendants’ application at Dkt. No. 592 is GRANTED in part. By
June 18, 2021, Plaintiff may refile his objections to the Report not to exceed 10 pages, see
Individual Rule III.B.1, or Plaintiff may rely on the first 10 pages of Plaintiff’s previously filed
objections at Dkt. No. 585 and need not file anything new. The deadline for Defendants to file
their response to Plaintiff’s objections to the Report is hereby extended to July 8, 2021.
Plaintiff is advised that any materials emailed to the Court that do not comply with the
Orders at Dkt. Nos. 512 and 542 will be deleted.
The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Plaintiff.

Dated: June 11, 2021
New York, New York