Rodriguez v. City of New York et al

Filing 51

ORDER: For the reasons stated on the record during the March 30, 2021 conference, Mr. Rodriguez's request for a temporary restraining order is denied without prejudice. The Clerk of Court is directed to mail a copy of this order to Plaintiff. So Ordered (Signed by Judge Gregory H. Woods on 3/30/2021) (js) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PETER RODRIGUEZ,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/30/2021

Plaintiff,
-againstCITY OF NEW YORK, E.S.U. CAPTAIN
MOISE #1451, CAPTAIN GIBSON, E.S.U.
OFFICER WILLIAMS #1475, E.S.U. OFFICER
GALVEZVSKIY #8957, CORRECTION
OFFICER FERRERO #1805,

20-CV-9840 (GHW)
ORDER

Defendants.
GREGORY H. WOODS, United States District Judge:
On March 25, 2021, Mr. Rodriguez contacted the Court and reported that one of the
defendants in this action had been threatening him. Dkt. No. 50. As stated on the record during
the March 30, 2021 conference regarding that incident, it is hereby ORDERED that defendant City
of New York collect and retain any records for the incident described in Mr. Rodriguez’s voicemail,
including any videotape showing the areas around Mr. Rodriguez’s cell during the time and date
identified in his voicemail. Defendant City of New York is further directed to collect and preserve
the logbooks for that date. If the records are spoliated for any reason, the Court will take
appropriate action. Furthermore, the Court notes that defendant City of New York is on notice of
Mr. Rodriguez’s allegations of harassment and threats by one of its officers, and fully aware of the
serious nature of the potential consequences related to those allegations if true. Defendant City of
New York is further directed to request and mail a transcript of the March 30, 2021 conference to
Mr. Rodriguez within 30 days of this order.
On January 21, 2021, the Court ordered defendant City of New York to mail a transcript of
the January 21, 2021 conference to Mr. Rodriguez within 30 days of that order. Mr. Rodriguez has

not received that transcript. Defendant City of New York is directed to comply with that order
forthwith.
For the reasons stated on the record during the March 30, 2021 conference, Mr. Rodriguez’s
request for a temporary restraining order is denied without prejudice.
The Clerk of Court is directed to mail a copy of this order to Plaintiff.
SO ORDERED.
Dated: March 30, 2021
New York, New York
GREGORY H. WOODS
United States District Judge

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