Reed v. The City of New York et al
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement , pursuant to 28 U.S.C. § 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, which are attached to this order and are available on theCourt's website at https://nysd.uscourts.gov/hon-barbara-moses. The Pro Se Intake Unit (telephone 212-805-0175) may be of assistance to pro se litigantsin connection with court procedures. The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/08/2021) (ama) Transmission to Docket Assistant Clerk for processing. Modified on 9/8/2021 (ama).
Case 1:20-cv-08352-JPC-BCM Document 20 Filed 09/08/21 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-againstTHE CITY OF NEW YORK, et al.,
20-CV-8352 (JPC) (BCM)
ORDER REGARDING GENERAL
BARBARA MOSES, United States Magistrate Judge.
The above-referenced action has been referred to Magistrate Judge Barbara Moses for
general pretrial management, including scheduling, discovery, non-dispositive pretrial motions,
and settlement, pursuant to 28 U.S.C. § 636(b)(1)(A). All pretrial motions and applications,
including those related to scheduling and discovery (but excluding motions to dismiss or for
judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification
under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's
Individual Practices in Civil Cases, which are attached to this order and are available on the
Court's website at https://nysd.uscourts.gov/hon-barbara-moses.
The Court notes, as a preliminary matter, that in accordance with the Order of Service
issued by the Hon. John P. Cronan, United States District Judge, on August 20, 2021 (Dkt. No.
15), all of the claims and causes of action in plaintiff's Amended Complaint (Dkt. No. 12) have
been severed or dismissed EXCEPT FOR plaintiff's claims against the City of New York (City),
Police Officers John Doe #1-#6, Police Officer Dennis, and Detectives Jane and John Doe #1-#2,
arising out of his arrests and detainments by the New York Police Department (NYPD) on
September 9, 2019, July 17, 2020, and August 3, 2020. See Order of Service at 5-6, 10.
With regard to the surviving claims, summonses have been issued as to the City and
Officer Dennis (Dkt. Nos. 15) and delivered to the U.S. Marshals for service on those
defendants. Additionally, the Corporation Counsel of the City of New York has been ordered to
Case 1:20-cv-08352-JPC-BCM Document 20 Filed 09/08/21 Page 2 of 4
ascertain the identity, badge number, and address for service of each of the "Doe" NYPD officers
who participated in the specified arrests and detainments. Order of Service at 5-6. Once plaintiff
receives this information, he must, within 30 days, file a second amended complaint in
which he names as defendants those newly identified NYPD members. The second
amended complaint will replace, not supplement, the original and amended complaints. Id.
at 5. This means that the second amended complaint must:
(a) identify, as defendants, only the City, Officer Dennis, and the other NYPD officers
(now listed as "Doe" defendants) who participated in plaintiff's arrests and detainments on
September 9, 2019, July 17, 2020, and August 3, 2020; and
(b) provide a "short and plain statement," Fed. R. Civ. P. 8, of the relevant facts
supporting each claim against each defendant named in the second amended complaint.
To the greatest extent possible, plaintiff should (i) give the names and titles of all relevant
persons; (ii) describe all relevant events, stating the facts that support plaintiff’s case, including
what each defendant did or failed to do; (iii) give the dates and times of each relevant event or, if
not known, the approximate date and time of each relevant event; (iv)
where each relevant event occurred; (v) describe how each defendant’s acts or omissions
violated plaintiff’s rights and describe the injuries plaintiff suffered; and (vi) state what relief
plaintiff seeks from the Court, such as money damages, injunctive relief, or declaratory relief.
Essentially, the body of plaintiff’s second amended complaint must tell the Court: who violated
his federally protected rights; what facts show that his federally protected rights were violated;
when such violation occurred; where such violation occurred; and why plaintiff is entitled to
relief. Because plaintiff’s second amended complaint will completely replace, not supplement,
the current (amended) complaint, any facts or claims that plaintiff wishes to maintain must be
included in the amended complaint.
Case 1:20-cv-08352-JPC-BCM Document 20 Filed 09/08/21 Page 3 of 4
Plaintiff must not reassert any claims in his amended complaint that the Court has
dismissed in this order. This means that he may not list the NYPD, the NYDOC (or its
employees), or DOCCS (or its employees) as defendants, nor may he include claims arising out
of any incidents other than his arrests and detentions on September 9, 2019, July 17, 2020, and
August 3, 2020.
Once Plaintiff has filed his second amended complaint, the Court will screen it and, if
necessary, issue an order directing service on the newly identified defendants.
Going forward the parties and counsel are cautioned:
All discovery must be initiated in time to be concluded by the close of discovery
set by the Court.
conferences, must be made promptly after the need for such an application arises and must
comply with Local Civil Rule 37.2 and § 2(b) of Judge Moses's Individual Practices. It is the
Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties'
letters, unless a party shows good cause why more formal briefing should be required. Absent
extraordinary circumstances, discovery applications made later than 30 days prior to the close of
discovery may be denied as untimely.
For motions other than discovery motions, pre-motion conferences are not
required, but may be requested where counsel believe that an informal conference with the Court
may obviate the need for a motion or narrow the issues.
Requests to adjourn a court conference or other court proceeding (including a
telephonic court conference) or to extend a deadline must be made in writing and in compliance
with § 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or
extensions will not be entertained.
Case 1:20-cv-08352-JPC-BCM Document 20 Filed 09/08/21 Page 4 of 4
In accordance with § 1(d) of Judge Moses's Individual Practices, letters and letter-
motions are limited to four pages, exclusive of attachments. Courtesy copies of letters and lettermotions filed via ECF are required only if the filing contains attachments, which must be
attached with protruding tabs.
If you are aware of any party or attorney who should receive notice in this action,
other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin
Snell at (212) 805-0228 immediately.
Plaintiff is hereby notified that, until further notice, pro se parties may file
pleadings, letters, and other documents with the Court by using any of the following methods:
a. Drop off the document in the drop box located in the lobby of the U.S.
Courthouse at 500 Pearl Street, New York, NY, 10007.
Mail the documents to the Pro Se Intake Unit in Room 105 in the Thurgood
Marshall Courthouse, 40 Foley Square, New York, NY 10007.
Email the documents to Temporary_Pro_Se_Filing@nysd.uscourts.gov.
Instructions for filing documents by email may be found on the Court's
website at nysd.uscourts.gov/forms/instructions-filing-documents-email.
The Pro Se Intake Unit (telephone 212-805-0175) may be of assistance to pro se litigants
in connection with court procedures.
The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff.
Dated: New York, New York
September 8, 2021
United States Magistrate Judge
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