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)

Download PDF
Case 1:24-cv-01300-CM Document 13 Filed 03/26/24 Page 1 of 2 ' u 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 (2 12) 356-3509 111, I\ 1anofc1 la \\ n~ c go, I00 CHURCH STREET NE W YORK, N.Y 10007 - .. --..., -- . . 4... -.. ..-- .. --... 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?