Rusfeldt v. City of New York, New York et al
Filing 123
ORDER denying 122 Letter Motion to Adjourn Conference. Application DENIED. It is settled that a plaintiff may not prevail on a Monell claim unless an underlying constitutional (or federal law) violation occurred. See City of Los Angeles v. Heller , 475 US 796 (1986). The Court has discretion in phasing discovery and ordering a separate trial of an issue. Rule 16(c)(2), Fed. R. Civ. P. The Court has considered the arguments presented by Plaintiff and adheres to its intention to proceed with a trial on the underlying constitutional violation before proceeding with Monell discovery. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/29/2025) (vfr)
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