Davis v. Horton et al

Filing 59

ORDER granting 58 Letter Motion for Extension of Time to File. Application Granted. Defendants Sedita, Horton, Gonzalez, and Calle have until December 13, 2023, to respond to Plaintiff's complaint. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 58. (Signed by Magistrate Judge Valerie Figueredo on 11/13/2023) (vfr)

THE CITY OF NEW YORK

LAW DEPARTMENT

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

100 CHURCH STREET
NEW YORK, N.Y. 10007

ALEXANDRA CORSI
Senior Counsel
Tel.: [phone]
Fax: [phone]
Email: [e-mail]

November 10, 2023
VIA ECF
Honorable Valerie Figueredo
United States Magistrate Judge
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re:

Andre Jamel Davis v. Sgt. Horton, et al.
23 Civ. 00885 (JPC) (VF)

Your Honor:
I am a Senior Counsel in the Office of the Hon. Sylvia O. Hinds-Radix, Corporation
Counsel of the City of New York, and the attorney for defendants New York City Police
Department (“NYPD”) Sergeant Horton, NYPD Police Officer (“PO”) Gonzalez, NYPD PO Calle
Jean, and NYPD PO Sedita (hereinafter “defendants”) in the above referenced matter. 1 Defendants
write to respectfully request: (1) for defendant Sedita, a thirty-day (30) extension of time from
November 13, 2023 to December 13, 2023, to answer or otherwise respond to the operative
complaint in this matter; and (2) that the Court sua sponte afford defendants Horton, Gonzalez,
and Calle a corresponding extension of time to respond to the complaint, assuming they are
properly served with the operative complaint. This is defendants’ first request of this kind.
Defendants contacted plaintiff for his position as to this request and plaintiff indicated that he
believes all defendants are informed of the complaint and can respond.
On September 8, 2023, plaintiff filed an Amended Complaint at Docket Entry No.
51. See Docket Entry No. 51. Subsequently, on October 10, 2023, plaintiff filed a Second
Amended Complaint at Docket Entry No. 57 naming the individual defendants Horton, Gonzalez,
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This case has been assigned to Assistant Corporation Counsel Esther Kim, who is awaiting
admission to the Southern District of New York. Ms. Kim is handling this matter under my
supervision and may be reached at [phone] or [e-mail].

Calle Jean, and Sedita. See Docket Entry No. 57. At this time and upon information and belief,
the only individual defendant who has been properly served with Docket Entry No. 57 is defendant
Sedita and therefore, his answer is currently due November 13, 2023. With respect to the
remaining defendant officers, this Office is still investigating whether they have been properly
served with the operative Second Amended Complaint filed at Docket Entry No. 57, as there is no
proof of service filed which indicates No. 57 at all. Specifically, the purported proof of service
filed on October 10, 2023, lists “DOCKET # 51” which is the Amended Complaint, rather than
the Second Amended Complaint. See Docket Entry. No. 56.
Accordingly, defendants write to respectfully request: (1) for defendant Sedita, a
thirty-day (30) extension of time from November 13, 2023 to December 13, 2023, to answer or
otherwise respond to the operative complaint in this matter; and (2) that the Court sua sponte afford
defendants Horton, Gonzalez, and Calle a corresponding extension of time to respond to the
complaint, assuming they are properly served with the operative complaint.
Thank you for your consideration herein.
Respectfully submitted,
/s/ Alexandra Corsi____________
Alexandra Corsi
Senior Counsel
Special Federal Litigation Division
cc:

VIA FIRST CLASS MAIL
Andre Jamel Davis
Plaintiff pro se
5951 Riverdale Avenue
#454
Bronx, New York 10471

November 13, 2023
Defendants Sedita, Horton, Gonzalez, and Calle have until
December 13, 2023, to respond to Plaintiff's complaint. The Clerk
of Court is respectfully directed to terminate the motion at ECF No.
58.

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