Singleton v. New York City Department of Corrections et al

Filing 18

ORDER granting 17 Letter Motion for Extension of Time to File ; granting 17 Letter Motion for Leave to File Excess Pages. Defendants' request is granted; however, Plaintiff's incarceration is not a sufficient excuse not to obtain Plaintiff's consent. If Defendants seek another extension of time, they must attempt to obtain Plaintiff's consent. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/28/2021) (rj)

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April 28, 2021 THE CITY OF NEW YORK JAMES E. JOHNSON Corporation Counsel LAW DEPARTMENT 100 CHURCH STREET NEW YORK, NY 10007 CAROLYN E. KRUK Phone: (212) 356-0893 Fax: (212) 356-1140 ckruk@law.nyc.gov April 27, 2021 By ECF & Email Hon. Andrew L. Carter, Jr. Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 ALCarterNYSDChambers@nysd.uscourts.gov Re: Aaron Singleton v. City of New York et al., 20-cv-8570-ALC Dear Judge Carter: I am the Assistant Corporation Counsel assigned to represent Defendants City of New York, Office of the Mayor, and New York City Department of Correction Commissioner Cynthia Brann (the “Defendants”) in the above-referenced action. I write to respectfully request a 5-page enlargement of the page limit set forth in Your Honor’s Individual Practices (Rule 2.B), from 25 to 30 pages for Defendants’ motion to dismiss, and a one-week extension of Defendants’ time to file and serve this motion, from April 29 to May 6, 2021. As Defendants’ motion intends to be fully dispositive of all of Plaintiff’s claims, additional pages are required to fully address Plaintiff’s complaint, which alleges numerous violations of his constitutional rights in connection with the conditions of confinement at Rikers Island (vermin, mattress, access to the law library, COVID-19 precautions, etc.), and deliberate indifference to his medical needs, among other allegations. I also respectfully request a one-week extension of time to file and serve Defendants’ motion, with the additional time requested which will allow me fully and appropriately address Plaintiff’s complaint in its entirety. This is Defendants’ first request for an extension of time, and extension of pages. Due to Plaintiff’s incarceration, I have not obtained his consent to these requests. If this request is granted, the briefing schedule, which was ordered on April 1, 2021 (Dkt No. 16) would be modified as follows: April 1, 2021 and current schedule Proposed modified schedule Defendants’ motion April 29, 2021 May 6, 2021 Plaintiff’s opposition June 10, 2021 June 14, 2021 Defendants’ reply June 18, 2021 June 25, 2021 Thank you for your consideration of these requests. Regards, /s/ Carolyn E. Kruk cc: by mail Aaron Singleton NYSID: 00424437Q B&C No. 2411900477 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370 April 28, 2021 Defendants' request is granted; however, Plaintiff's incarceration is not a sufficient excuse not to obtain Plaintiff's consent. If Defendants seek another extension of time, they must attempt to obtain Plaintiff's consent. -2-

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