K.S. et al v. City of New York et al

Filing 60

ORDER granting 56 LETTER MOTION for Conference to Consider Plaintiffs' application to file a Second Amended Complaint set forth in the Pre-Motion Letter addressed to Judge Paul A. Crotty from Elisa Hyman, Esq. dated November 7, 2022; granting in part and denying in part without prejudice to renewal 58 LETTER MOTION for Discovery for the Court's Endorsement of Two Non-Party Subpoenas addressed to Judge Paul A. Crotty from Elisa Hyman, Esq. dated November 9 , 2022. On November 17, 2022, the Court held a conference to discuss Plaintiffs' application to file a second amended complaint and to issue two non-party subpoenas. See ECF Nos. 56, 58. The Court GRANTS Plaintiffs leave to file a second amend ed complaint by January 9, 2023. The Court finds no undue delay, bad faith, or dilatory motive in allowing Plaintiffs to review additional records in furtherance of their claims and that the Defendants are not unduly prejudiced by a minor delay in the continuation of the case. See Monahan v. New York City Dep't of Corr., 214 F.3d 275, 283 (2d Cir. 2000). Further, the Court GRANTS Plaintiffs' request under Fed. R. Civ. Pro. 45 for a subpoena for production of documents concerning D. S. from Safe Horizon, Inc. See ECF No. 58-1. Plaintiffs' request for a subpoena for the production of documents from The Brooklyn Hospital Center, see id. 58-2, is DENIED without prejudice to its renewal. Plaintiffs are directed to meet and con fer with The Brooklyn Hospital Center and confirm the Center possess the relevant records. In light of Plaintiffs' leave to file a second amended complaint, the parties' proposed briefing schedule is hereby adopted. Plaintiffs' second amended complaint is due on or before January 9, 2023. Any defendant wishing to file a motion to dismiss or an answer must do so on or before February 9, 2023. A response to the motion to dismiss is due on or before March 9, 2023, and a reply on or before March 23, 2023. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/21/2022) (mml)

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