Whitfield v. City of New York et al

Filing 84

ORDER On April 22, 2024, the Court denied Plaintiff's request to file a motion for partialsummary judgment "without prejudice to renewal if Defendants' renewed motion to dismiss is denied in any part." ECF No. 69. Defendants& #039; motion to dismiss, see ECF No. 75, is currently pending. ECF No. 79. Notwithstanding the Court's April 22, 2024 Order, Plaintiff filed a motion for partial summary judgment on the same day as his brief in opposition to Defendants' mot ion not dismiss. See ECF No. 83. In light of Plaintiff's pro se status and the age of this case, the Court will permit Plaintiff's motion despite the April 22, 2024 Order. Defendants shall file a single brief containing both their reply in support of their motion to dismiss and their opposition to Plaintiff's motion for partial summary judgment no later than July 26, 2024. Plaintiff may file any reply (as to his motion for partial summary judgment only) by August 2, 2024. SO ORDERED. (Replies due by 8/2/2024., Responses due by 7/26/2024) (Signed by Judge Jesse M. Furman on 7/3/2024) (jca)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : JOHN DAVID WHITFIELD, : : Plaintiff, : : -v: : CITY OF NEW YORK et al., : : Defendant. : : ---------------------------------------------------------------------- X 20-CV-4674 (JMF) ORDER JESSE M. FURMAN, United States District Judge: On April 22, 2024, the Court denied Plaintiff’s request to file a motion for partial summary judgment “without prejudice to renewal if Defendants’ renewed motion to dismiss is denied in any part.” ECF No. 69. Defendants’ motion to dismiss, see ECF No. 75, is currently pending. ECF No. 79. Notwithstanding the Court’s April 22, 2024 Order, Plaintiff filed a motion for partial summary judgment on the same day as his brief in opposition to Defendants’ motion not dismiss. See ECF No. 83. In light of Plaintiff’s pro se status and the age of this case, the Court will permit Plaintiff’s motion despite the April 22, 2024 Order. Defendants shall file a single brief containing both their reply in support of their motion to dismiss and their opposition to Plaintiff’s motion for partial summary judgment no later than July 26, 2024. Plaintiff may file any reply (as to his motion for partial summary judgment only) by August 2, 2024. SO ORDERED. Dated: July 3, 2024 New York, New York __________________________________ JESSE M. FURMAN United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?