Feliciano, v. City of New York et al

Filing 65

ORDER granting 64 Letter Motion to Stay re: 64 LETTER MOTION to Stay addressed to Judge Lewis A. Kaplan from Jonathan C. Moore dated July 28, 2022. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/29/22) (yv)

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Case 1:20-cv-10033-LAK Document 64 Filed 07/28/22 Page 1 of 2  July 28, 2022 8430.01 0(02(1'256(' VIA ECF The Honorable Lewis A. Kaplan United States District Court Southern District of New York 500 Pearl Street New York, New York 10038 Re: 917-549-0692 jmoore@blhny.com *UDQWHG6225'(5(' V/HZLV$.DSODQ PDE /HZLV$.DSODQ86'LVWULFW-XGJH 'DWHG-XO\ Feliciano, Madline v. The City of New York, et al., 20-cv-10033-LAK Your Honor: My office represents Plaintiff Madeline Feliciano, Guardian of Nicholas Feliciano, in the above-referenced matter. I write pursuant to the Court’s June 15, 2022 Order (ECF No. 63) for a status report proposing a schedule for further proceedings or stating if there is a disagreement on how to proceed. As the Court is aware, Defendants City of New York and Tasha Lambre have requested a stay in this matter due to a pending criminal investigation regarding this incident. The request was made upon consent of Plaintiff without prejudice to further requests for a stay or opposition to such a further request by any party and granted by the Court. On behalf of Plaintiff and Defendant City of New York, we respectfully request a brief extension of the stay. Plaintiff submits the enclosed Proposed Stipulation and Order to extend the stay until at least August 27, 2022 with a further status report due on August 27, 2022. The parties are unable to submit a fully executed Proposed Stipulation and Order today and unable to provide a proposed schedule for further proceedings, as counsel for the City of New York is on family medical leave. The parties will supplement this status report with the fully executed Proposed Stipulation and Order as soon as possible. We thank the Court for its consideration of this matter. Case 1:20-cv-10033-LAK Document 64 Filed 07/28/22 Page 2 of 2 The Honorable Lewis A. Kaplan July 28, 2022 Page 2 Respectfully submitted, Jonathan C. Moore cc: All Counsel (By ECF) Case 1:20-cv-10033-LAK Document 64-1 Filed 07/28/22 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------------x Madeline Feliciano, guardian of Nicholas Feliciano, Plaintiff, -againstThe City of New York; New York City Health and Hospitals Corporation (“HHC”); NYS Parole Officer Tasha Lambre; John Doe 1 (intake officer); John Doe 2 (intake officer HHC); Jane Doe 1 (placement or classification officer); HHC Jane Roe; Richard Roe 1 (transfer officer); Mark Peralta; Captain Terry Henry; New York City Corrections Officer (“C.O.”) Daniel Fullerton; C.O. Kenneth Hood; C.O. Konstantinos Makridis; C.O. Mark Wilson; C.O. Nicholas Prensa; EMS John Doe; EMS Jane Doe; and C.O.s John and Jane Does 1 – 8; in their individual capacities, STIPULATION AND ORDER 20-cv-10033 (LAK) Defendants. ------------------------------------------------------------------------------------x WHEREAS, THE PARTIES have conferred and determined that a continued stay of this matter is appropriate until at least August 27, 2022, in light of ongoing investigations by governmental authorities into the subject-matter of this lawsuit; and WHEREAS, the Court previously further ordered, on consent, that this matter should be stayed until July 28, 2022; IT IS HEREBY STIPULATED AND AGREED as follows: 1. 27, 2022; All proceedings and deadlines in this matter should be stayed until at least August Case 1:20-cv-10033-LAK Document 64-1 Filed 07/28/22 Page 2 of 3 2. The parties shall submit a status report to the Court on August 27, 2022, proposing a schedule for further proceedings or stating if there is a disagreement regarding how to proceed; 3. The time for defendants to answer or otherwise respond to the complaint shall be adjourned until further order of the Court, to be determined at some time after August 27, 2022; 4. This stipulation is without prejudice to further requests for a stay or opposition to such a further request by any party. Dated: New York, New York July 28, 2022 Respectfully submitted, HON. SYLVIA O. HINDS-RADIX Corporation Counsel of the City of New York Attorney for Defendant City of New York 100 Church Street New York, New York 10007 (212) 356-2344 ascheine@law.nyc.gov By: Alan H. Scheiner Senior Counsel BELDOCK LEVINE & HOFFMAN, LLP 99 Park Avenue, PH/26th Floor New York, New York 10016 t: 212-277-5825 e: drankin@blhny.com Attorneys for Plaintiff By:_______________________________________ David B. Rankin 2 Case 1:20-cv-10033-LAK Document 64-1 Filed 07/28/22 Page 3 of 3 LETITIA JAMES Attorney General State of New York Attorney for Defendant Tasha Lambre By: ________________ Gee Won Cha Assistant Attorney General 28 Liberty Street New York, NY 10005 Tel: (212) 416-8373 Geewon.Cha@ag.ny.gov SO ORDERED: _________________________ HON. LEWIS A KAPLAN U.S. DISTRICT COURT JUDGE DATED: _______________ 3

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