Williams v. Vaccaro et al

Filing 93

ORDER DENYING MOTION FOR LEAVE TO AMEND COMPLAINT TO NAME JOHN DOE DEFENDANTS AND DISMISSING WITH PREJUDICE CLAIMS AGAINST JOHN DOE DEFENDANTS; VACATING ORDER OF MAY 10, 2023, DKT. NO. 62, ONLY TO RESTORE PLAINTIFF'S CLAIM FOR MALICIOUS PROSECUT ION (COUNT SIX) AGAINST DEFENDANT MICHAEL VACCARO; AND GIVING PLAINTIFF UNTIL JULY 14, 2023, TO EFFECT SERVICE ON DEFENDANT VACCARO: Plaintiff Williams' motion for leave to file an amended complaint naming the two ESU officers who were sued as J ohn Does in the original complaint is DENIED. The claim for malicious prosecution against Officer Vaccaro is deemed restored to this case in exactly the state it enjoyed on the date when it was wrongfully dismissed - that is to say, there are 44 day s left to run on the statute of limitations, 44 days from today, May 31, 2023, is Friday, July 14, 2023. Mr. Williams must obtain a summons from the Clerk and serve Officer Vaccaro ( which he may do at the officer's current place of employment, the 3 3rd Precinct) on or prior to the close of business Friday, July 14, 2023. He must then advise the court whether he has served the officer. If he effects service by July 14, the court will schedule a new conference promptly. And as set forth herein. (Signed by Judge Colleen McMahon on 5/31/2023) Copies Mailed By Chambers. (ama)