Lemus v. Pezzementi et al

Filing 83

ORDER: Under the circumstances, the Court grants Plaintiff's request but hereby orders that Plaintiff shall provide the Court with an update 30 days from the date hereof, informing the Court as to Plaintiff's ability to meet with his cl inical neuropsychologist and when such appointment will be scheduled to occur. Although the Court understands that in-person, non-essential medical appointments have been cancelled for the time being, Plaintiff must provide the Court with an explanation as to why he is unable to meet with his clinical neuropsychologist remotely, even though he needs a translator, who may participate remotely as well. (Signed by Magistrate Judge Lisa Margaret Smith on 4/9/2020) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Lemus,
15CV5592 (NSR)(LMS)

Plaintiff,
- against Pezzementi, et al.,

ORDER
Defendants.

Lisa Margaret Smith, U.S.M.J.
Plaintiff filed a response to the Court's order to show cause why the undersigned should
not recommend that Judge Román deny Plaintiff's request for the entry of a default judgment
awarding him money damages. Docket # 82 ("Braunstein Decl."). Counsel states in his
declaration, "Plaintiff’s initial submission was delayed because Mr. Lemus's Clinical
Neuropsychologist was uncomfortable providing an affidavit/declaration because he had not seen
Mr. Lemus in approximately three years," and "Because Mr. Lemus needs a translator, we were
no [sic] able to schedule an appointment before all non-essential medical visits were cancelled."
Braunstein Decl. ¶¶ 3-4. In conclusion, counsel states, "It is respectfully requested that the
Court provide Mr. Lemus additional time to meet with his Clinical Neuropsychologist after the
limits on non-emergent/non-essential medical care is [sic] lifted or relaxed." Id. ¶ 7.
Under the circumstances, the Court grants Plaintiff's request but hereby orders that
Plaintiff shall provide the Court with an update 30 days from the date hereof, informing the
Court as to Plaintiff's ability to meet with his clinical neuropsychologist and when such
appointment will be scheduled to occur. Although the Court understands that in-person, nonessential medical appointments have been cancelled for the time being, Plaintiff must provide the
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Court with an explanation as to why he is unable to meet with his clinical neuropsychologist
remotely, even though he needs a translator, who may participate remotely as well.
Dated: April 9, 2020
White Plains, New York
SO ORDERED,

__________________________________
Lisa Margaret Smith
United States Magistrate Judge
Southern District of New York

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