Doe et al v. County of Westchester County Department of Public Safety et al

Filing 26

ORDER: One of the pending pre-motion conference letters concerns Plaintiffs' anticipated motion for leave to proceed under pseudonymsa motion that must be granted for summonses to issue for the Complaint in its current state. (See Doc. 9; Doc. 16; see Aug. 19, 2022 Entry). The premotion conference requirement is waived for this application and Plaintiffs are granted leave to serve and file their pseudonym motion in accordance with the following schedule: (1) Plaintiffs' motion papers shall be served on all Defendants and filed on September 30, 2022; (2) Defendants (to the extent any wish to be heard on an application before summonses have issued) shall serve and file their opposition papers on October 14, 2022; and (3) Plaintiffs' reply papers, if any, shall be served and filed on October 21, 2022. The other pre-motion conference letters go hand-in-handone seeks leave to move for a preliminary injunction and the other asks for permission to file an "oversized brief" in connection therewith. (Doc. 7; Doc. 10). The County Defendants opposed these requests as well. (Doc. 15; Doc. 24). These requests are, at best, premature and therefore denied without prejudice to renew on that basis. Plaintiffs may renew their requests after a decision is rendered on the motion to proceed under pseudonyms. Plaintiffs are directed to serve a copy of this Order on all Defendants and file proof of service to the docket by 5:00 p.m. on September 16, 2022. SO ORDERED. (Motions due by 9/30/2022., Responses due by 10/14/2022, Replies due by 10/21/2022.) (Signed by Judge Philip M. Halpern on 9/15/2022) (jca)

Case 7:22-cv-06950-PMH Document 26 Filed 09/15/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JANE DOE, et al.,
Plaintiffs,
-against-

ORDER
22-CV-06950 (PMH)

COUNTY OF WESTCHESTER, et al.,
Defendants.
PHILIP M. HALPERN, United States District Judge:
Plaintiffs filed their Complaint in this action on August 15, 2022. (Doc. 1). Plaintiffs
thereafter filed a summons request on August 19, 2022. (Doc. 6). The Clerk’s Office rejected
Plaintiffs’ request as deficient later that same day. (Aug. 19, 2022 Entry). The Clerk’s Office,
explaining the request’s deficiency in a “blue note” entry on the docket, explained in pertinent part
that the “Court’s leave has not been granted to proceed under pseudonym.” (Id.).
Notwithstanding the fact that no summonses have yet issued in this matter, Plaintiffs: (1)
have filed three separate pre-motion conference letters for the Court’s consideration; and (2)
maintain that service of the pleading and pre-motion conferences letters has been effectuated on
their adversaries. (See Doc. 7; Doc. 8; Doc. 9; Doc. 10; Doc. 11; Doc. 12; Doc. 13; Doc. 17).1
Certain Defendants—specifically, the County of Westchester, Westchester County Department of
Public Safety (“DPS”), Westchester County Executive George Latimer, and Acting DPS
Commissioner Terrance Raynor (collectively, “County Defendants”)—while maintaining that
service has not been effectuated and jurisdiction is therefore lacking, have opposed Plaintiffs’
requests for pre-motion conferences. (See Doc. 15; Doc. 16; Doc. 24).

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Plaintiffs maintain that the Complaint has been served “via the waiver of service method provided by”
Federal Rule of Civil Procedure 4(d). (Doc. 17). There is no representation anywhere that any Defendant
has, in fact, waived service of a summons.

Case 7:22-cv-06950-PMH Document 26 Filed 09/15/22 Page 2 of 2

One of the pending pre-motion conference letters concerns Plaintiffs’ anticipated motion
for leave to proceed under pseudonyms—a motion that must be granted for summonses to issue
for the Complaint in its current state. (See Doc. 9; Doc. 16; see Aug. 19, 2022 Entry). The premotion conference requirement is waived for this application and Plaintiffs are granted leave to
serve and file their pseudonym motion in accordance with the following schedule: (1) Plaintiffs’
motion papers shall be served on all Defendants and filed on September 30, 2022; (2) Defendants
(to the extent any wish to be heard on an application before summonses have issued) shall serve
and file their opposition papers on October 14, 2022; and (3) Plaintiffs’ reply papers, if any, shall
be served and filed on October 21, 2022.
The other pre-motion conference letters go hand-in-hand—one seeks leave to move for a
preliminary injunction and the other asks for permission to file an “oversized brief” in connection
therewith. (Doc. 7; Doc. 10). The County Defendants opposed these requests as well. (Doc. 15;
Doc. 24). These requests are, at best, premature and therefore denied without prejudice to renew
on that basis. Plaintiffs may renew their requests after a decision is rendered on the motion to
proceed under pseudonyms.
Plaintiffs are directed to serve a copy of this Order on all Defendants and file proof of
service to the docket by 5:00 p.m. on September 16, 2022.
SO ORDERED:
Dated:

White Plains, New York
September 15, 2022
PHILIP M. HALPERN
United States District Judge

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