Phillips v. City of New York et al

Filing 10

ORDER granting #9 Motion re: #9 CONSENT MOTION Respectfully Requesting this Case be Included in the Section 1983 PLAN . Application to participate in the Local Civil Rule 83.10 (formerly the Section 1983 Plan) is GRANTED. Accordingly, this case shall proceed in accordance with Local Civil Rule 83.10. Defendants shall answer or respond to the Complaint on or before January 10, 2022. (Signed by Judge Andrew L. Carter, Jr on 11/18/2021) (ate) Transmission to Mediation Clerk for processing.

Case 1:21-cv-08149-ALC Document 10 Filed 11/18/21 Page 1 of 2

11/18/2021
THE CITY OF NEW YORK

GEORGIA M. PESTANA
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

MOSTAFA KHAIRY
Assistant Corporation Counsel
Phone: [phone]
Fax: [phone]
[e-mail]

November 10, 2021
BY ECF
Honorable Andrew L. Carter
United States District Judge
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re:

Paul Phillips v. City of New York, et al.,
21-CV-8149 (ALC)

Your Honor:
I am the attorney in the Office of Georgia M. Pestana, Corporation Counsel of the
City of New York, representing defendants City of New York (“City”) in the above-referenced
matter. The City writes to respectfully request that this matter proceed pursuant to Local Civil
Rule 83.10 (formerly the “Section 1983 PLAN”). This is the first request for an extension of
time to respond to the Complaint on behalf of the City. Plaintiff’s counsel consents to
defendant’s request to include this case in the PLAN.
By way of background, plaintiff Paul Phillips filed the Complaint in this action on
October 1, 2021 alleging that, on July 3, 2020, he was falsely arrested by a New York State
Trooper in Guilderland, New York pursuant to an old warrant from New York City in the
1980’s. See Compl. at ¶¶ 20-21. According to the Complaint, plaintiff was turned over to a
John Doe New York City Police Department (“NYPD”) officer at the NYPD’s Bronx Warrant
Division to process his arrest for the warrant. Id. at ¶ 32. Following plaintiff’s arrest processing,
plaintiff alleges that he was brought to a New York City Department of Correction (“DOC”)
facility where he was denied access to his medication for four (4) days. Id. at ¶¶ 47.
As an initial matter, the City requests that this case proceed pursuant to the
Section 1983 PLAN. Although the Court has not ordered that this case be included in the PLAN,
based on the Complaint, this appears to fall within the parameters of the PLAN since plaintiff is
represented by counsel and alleges that he was falsely arrested by members of the NYPD.

Case 1:21-cv-08149-ALC Document 10 Filed 11/18/21 Page 2 of 2

Should the Court order that this matter proceed pursuant to the PLAN, the City’s response to the
Complaint would be due by January 10, 2022.
Alternatively, if the Court is not inclined to include this case in the PLAN, the
City respectfully requests a sixty (60) day enlargement of time, from November 12, 2021 to
January 11, 2022, to respond to the Complaint. In order to do so, the City needs to investigate
the incident by obtaining records regarding the underlying criminal case including police
records, the District Attorney’s File, Criminal Court file, and relevant DOC documents.
Moreover, upon information and belief, plaintiff’s arrest documents may have been sealed
pursuant to NYCPL §§ 160.50 and 160.55. Plaintiff has provided the City with a signed §
160.50 release, however, more time is needed to obtain any sealed documents. Only after the
City obtains and reviews these documents will it be able to respond to the Complaint in
accordance with Federal Rule of Civil Procedure 11.
For the reasons set forth above, the City respectfully requests that this case be
included in the Section 1983 PLAN, or that defendant’s time to respond to the Complaint be
extended until January 11, 2022. The City thanks the Court for its time and attention to this
matter.
Respectfully submitted,

cc:

Mostafa Khairy /s/
Mostafa Khairy
Assistant Corporation Counsel
Special Federal Litigation Division

BY ECF
Gideon Orion Oliver
Remy Green
Attorneys for Plaintiff

Application to participate in the Local Civil Rule
83.10 (formerly the Section 1983 Plan) is
GRANTED. Accordingly, this case shall proceed
in accordance with Local Civil Rule 83.10.
Defendants shall answer or respond to the
Complaint on or before January 10, 2022.

Dated: 11/18/2021

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