Gee v. City of New York et al

Filing 15

ORDER granting #13 Letter Motion to Adjourn Conference; granting #13 Letter Motion for Extension of Time to Answer re #13 FIRST LETTER MOTION to Adjourn Conference //consent letter// addressed to Judge Colleen McMahon from Michael Viviano dated 3/26/24.FIRST LETTER MOTION for Extension of Time to File Answer //consent letter// addressed to Judge Colleen McMahon from Michael Viviano dated 3/26/24., #10 Amended Complaint. OK. (All Defendants) (Signed by Judge Colleen McMahon on 3/27/24) (yv)

Case 1:24-cv-01300-CM Document 13 Filed 03/26/24 Page 1 of 2

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HON. SYLVIA O. HINDS-RADIX
Corpora/ion Counsel

THE CITY OF N EW Y ORK

MICHAEL\ l\ ' l.-\:\ 0

LAW DEPARTMENT

phone ( 2 12) 356-2368
fax [phone]
111, I\ 1anofc1 la \\ n~ c go,

I00 CHURCH STREET
NE W YORK, N.Y 10007
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Se nior C01111sel

March 26, 2024

BYECF
Honorable Colleen McMahon
United States District Court Judge
Southern Di strict of New York
500 Pearl St.
New York, New York I 0007

Re:

Antoine Gee v. the City of New York et al.,
24-CV-1300 (CM)

Your Honor:
I am a Senior Counsel in the Special Federal Litigation Division of the New York ity
Law Department, and the attorney representing Defendant City of New York in the abovereferenced action. Defendant writes to request a nunc pro tune 60-day extension of time, from
March 21, 2024 to May 20, 2024, for Defendant to answer, move, or otherwise respond to the
complaint. Th is is the first request for an extension of time to respond to the complaint. Defend ant
further requests, an adjournment of the Initial Conference scheduled for April 18, 2024 , to a date
set by the Court following the City's response to the Complaint. Plaintiffs counsel , Doug las Mace ,
consents to both of these requests .
As background, plaintiff alleges, inter alia, that from April I, 2022 , to April 6, 2022 he
was held at the Eric M. Taylor Center ("EMTC"). While in custody, Plaintiff was unable to charge
the battery for his prosthetic leg which has a battery life of 48 hours; further plaintiff alleges he
was not prov ided required medication, and was sexually assaulted by DOC staff. Plaintiff now
brings claim s fo r Negligence, Sexual Battery, Monell and various violations of New York State
Constitutional Rights .
In order to respond to these allegations in accordance with Defendant 's obligations under
Rule 11 of the Federal Rules of Civil Procedure, the Defendant needs to obtain records pertaining
to Plaintiffs detainment, and medical treatment thereafter. However, Defendant needs time to
obtain Plaintiff s inmate records, and process his medical release in order to evaluate the claims in
the complaint, and meaningfu ll y respond to the allegations therein . To that end , Defendant has
provided a HI PAA authorizat ion for Plaintiffs execution, and await receipt. Further, a
corresponding adjournment of the Initial Conference will also allow the Defendant to meaningfully

Case 1:24-cv-01300-CM

Document 13 Filed 03/26/24 Page 2 of 2

respond to any questions and concerns, the Court may have regarding the City's perspective on
the matter. Moreover, the undersigned regrets to inform the Court that he is unavailable to attend
the scheduled Initial Conference on April 18, 2024, due to a prior scheduled vacation.
Accordingly, Defendant respectfully requests that the Court grant Defendant a nunc pro
tune extension of time to answer or otherwise respond to the complaint from March 21 , 2024 to
May 20, 2024; and a corresponding adjournment of the Initial Conference currentl y scheduled for
April 18, 2024.
Than k you for your con sideration of this matter.

Respectfully submitted,
Isl Michael Viviano
Michael Viviano
Senior Counsel
Special Federal Litigation Division

BYECF
Douglas Mace, Esq.
Pat Benn, Esq.
Attorneys for Plaintiff