Sutton v. County of Westchester Jail Department of Corrections

Filing 93

ORDER re: 83 MOTION to Dismiss . filed by Raul Ulloa, Dr. Gendell, Joon Parks, 87 MOTION to Dismiss the Second Amended Complaint. filed by L. Diaz, Officer Rodriguez, Captain Carden, Set Deadlines/Hearing as to 83 MOTION to Dismiss ., 87 MOTION to Dismiss the Second Amended Complaint. The application filed by Defendants Dr. Gendell, Joon Parks, and Raul Ulloa to deem their motion as fully submitted (Doc. 91) is DENIED. The Court sua sponte extends Plaintiff's time to oppose the motions to dismiss to April 9, 2021. Defendants' replies, if any, are due April 23, 2021. If Plaintiff fails to file his opposition by April 9, 2021, the motions will be deemed fully submitte d and unopposed. No further extensions of time will be granted. The Clerk is instructed to mail a copy of this Order to plaintiff at the address on the docket. SO-ORDERED. :( Responses due by 4/9/2021, Replies due by 4/23/2021.) (Signed by Judge Philip M. Halpern on 3/8/21) (yv) Transmission to Docket Assistant Clerk for processing.

Case 7:18-cv-01042-PMH Document 93 Filed 03/08/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------X
PHILIP SUTTON,
Plaintiff,
v.
ORDER
OFFICER RODRIGUEZ, et al.,
18-CV-01042 (PMH)
Defendants.
---------------------------------------------------------X
PHILIP M. HALPERN, United States District Judge:
On January 14, 2021, Defendants Dr. Gendell, Joon Parks, and Raul Ulloa moved to
dismiss Plaintiff’s Second Amended Complaint. (Doc. 83). On January 19, 2021, Defendants
Captain Carden, L. Diaz, and Officer Rodriguez moved to dismiss Plaintiff’s Second Amended
Complaint. (Doc. 87). Pursuant to the Court’s December 15, 2020 Order, Plaintiff’s opposition to
Defendants’ motions to dismiss was due by February 22, 2021. (Doc. 82).
To date, Plaintiff has not filed opposition to the motions or sought any extension of time
to do so.
The application filed by Defendants Dr. Gendell, Joon Parks, and Raul Ulloa to deem
their motion as fully submitted (Doc. 91) is DENIED. The Court sua sponte extends Plaintiff’s
time to oppose the motions to dismiss to April 9, 2021. Defendants’ replies, if any, are due April
23, 2021.
If Plaintiff fails to file his opposition by April 9, 2021, the motions will be deemed
fully submitted and unopposed. No further extensions of time will be granted.
The Clerk is instructed to mail a copy of this Order to plaintiff at the address on the
docket.
SO-ORDERED:
Dated: White Plains, New York
March 8, 2021

____________________________
Philip M. Halpern
United States District Judge