Massey v. City of New York et al

Filing 71

ORDER: On April 8, 2022, counsel for Defendants informed the Court that Plaintiff "has agreed in principle to voluntarily dismiss the instant matter, with prejudice" and requested that the Court hold Defendants' deadline to file t heir motion to dismiss the Second Amended Complaint ("SAC") in abeyance, pending execution of the contemplated, proposed stipulation of dismissal. (Docket entry no. 68.) The Court extended the briefing deadlines for Defendants' mot ion to dismiss sine die and directed Defendants to file a status update by May 6, 2022. (Docket entry no. 69.) On May 6, 2022, Defendants filed their status report (docket entry no. 70), noting that they were informed by the Department of Correcti on that Plaintiff "was released from custody on April 25, 2022[;]" that they "had not received the signed Stipulation of Voluntary Dismissal from [P]laintiff[;]" and that they "are unaware of any way to contact [P]lainti ff at this time to further discuss this matter." (Id.) Plaintiff is responsible for providing up-to-date contact information to the Court. Therefore, the Court hereby directs Plaintiff to provide the Court with his updated contact informat ion immediately, and in any event, within 30 days of the date of this order. In light of Defendants' representation that Plaintiff has not returned an executed Stipulation of Voluntary Dismissal in this action, the Court hereby grants Defe ndants' request to set a briefing schedule for Defendants' motion to dismiss the SAC. Defendants must file their motion to dismiss by June 6, 2022. Plaintiff must file his opposition by July 22, 2022. Defendants must file their reply by August 12, 2022. SO ORDERED. ( Motions due by 6/6/2022., Responses due by 7/22/2022, Replies due by 8/12/2022.) (Signed by Judge Laura Taylor Swain on 5/9/2022) (vfr)

Case 1:20-cv-07622-LTS-RWL Document 71 Filed 05/09/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TYRONE MASSEY,
Plaintiff,

No. 1:20-CV-7622 (LTS) (RWL)

-againstCITY OF NEW YORK, et al.,
Defendants.

ORDER
On April 8, 2022, counsel for Defendants informed the Court that Plaintiff “has
agreed in principle to voluntarily dismiss the instant matter, with prejudice” and requested that
the Court hold Defendants’ deadline to file their motion to dismiss the Second Amended
Complaint (“SAC”) in abeyance, pending execution of the contemplated, proposed stipulation of
dismissal. (Docket entry no. 68.) The Court extended the briefing deadlines for Defendants’
motion to dismiss sine die and directed Defendants to file a status update by May 6, 2022.
(Docket entry no. 69.) On May 6, 2022, Defendants filed their status report (docket entry no.
70), noting that they were informed by the Department of Correction that Plaintiff “was released
from custody on April 25, 2022[;]” that they “had not received the signed Stipulation of
Voluntary Dismissal from [P]laintiff[;]” and that they “are unaware of any way to contact
[P]laintiff at this time to further discuss this matter.” (Id.)
Plaintiff is responsible for providing up-to-date contact information to the Court.
Therefore, the Court hereby directs Plaintiff to provide the Court with his updated contact
information immediately, and in any event, within 30 days of the date of this order.
In light of Defendants’ representation that Plaintiff has not returned an executed
Stipulation of Voluntary Dismissal in this action, the Court hereby grants Defendants’ request to
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Case 1:20-cv-07622-LTS-RWL Document 71 Filed 05/09/22 Page 2 of 2

set a briefing schedule for Defendants’ motion to dismiss the SAC. Defendants must file their
motion to dismiss by June 6, 2022. Plaintiff must file his opposition by July 22, 2022.
Defendants must file their reply by August 12, 2022.

SO ORDERED.
Dated: May 9, 2022
New York, New York
/s/ Laura Taylor Swain____
LAURA TAYLOR SWAIN
Chief United States District Judge

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