Brock v. CVS Corporation et al

Filing 37

ORDER: Accordingly, it is HEREBY ORDERED: 1. The White Plains Law Department shall comply with the Federal Rules of Civil Procedure, the SDNY Local Rules, and Judge Briccetti's Individual Practices for all further filings. 2. By December 5, 2022, the White Plains Law Department shall: (i) file a formal notice of appearance on the docket; (ii) provide plaintiff and the Court, in writing, with an address at which Officers Beall, Formoso, Schneider, and Vanderwalker can be served-or alternatively, indicate whether it will accept service on their behalf; (iii) refile the letter dated November 16, 2022, as well as the attachments thereto, on the ECF docket; and (iv) serve a copy of the letter and attachments on plaintiff at th e address listed on the docket, and file proof of service. 3. By December 21, 2022, plaintiff shall file a third amended complaint listing the full names of all defendants, including White Plains Police Officers Beall, Schneider, and Vanderwalker , who were newly identified by the White Plains Law Department. Plaintiff shall utilize the third amended complaint form attached to this Order. The third amended complaint will completely replace, not merely supplement, the existing second amended complaint. Therefore, plaintiff must include in the third amended complaint all information necessary for his claims. 4. Once plaintiff has filed the third amended complaint, the Court will screen the third amended complaint and issue an appropria te order directing the Clerk of Court to issue summonses for the newly identified defendants. 5. Plaintiff's deadline pursuant to Fed. R. Civ. P. 4(m) to service Officer Formoso is STAYED pending further Court Order. 6. The time for all partie s to answer, move, or otherwise respond to the second amended complaint and any cross-claims is STAYED pending further Court Order. To be clear, the parties shall not answer, move, or otherwise respond to plaintiff's second amended complaint or to the CVS defendants' cross-claims, pending further Court Order. 7. The parties shall not file discovery documents unless in connection with a motion or application. See Federal Rules of Civil Procedure 5(d)(1); Local Civil Rule 5.1. The Co urt certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (19 62). Chambers will mail a copy of this Order to plaintiff at the address listed on the docket, and to the City of White Plains Law Department at 255 Main Street, White Plains, New York 10601. SO ORDERED. (Amended Pleadings due by 12/21/2022.) (Signed by Judge Vincent L. Briccetti on 11/21/2022) Copies Mailed By Chambers. (mml)

Download PDF
Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 1 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 2 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 3 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 4 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 5 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 6 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 7 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 8 of 9 Case 7:22-cv-04014-VB Document 37 Filed 11/21/22 Page 9 of 9

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?