Rivera v. Thompkin's

Filing 70

ORDER granting 69 Letter Motion to Continue; granting 63 Motion for Summary Judgment. So Ordered. The Clerk is respectfully directed to mail this document to Plaintiff. So Ordered. (Signed by Judge Kenneth M. Karas on 11/25/2024) (vfr) Transmission to Orders and Judgments Clerk for processing.

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Case 7:23-cv-02503-KMK-VR Document 69 Filed 11/25/24 Office of the New York State Attorney General Page 1 of 2 Letitia James Attorney General Writer' s Direct Dial: (2 12) 416-8952 November 25, 2024 VIAECF Honorable Kenneth M. Karas United States District Judge Southern District of New York 300 Quarropas St. ·- -White~Plains~-New Yorlcl060Re: Rivera v. Tompkins, 23 CV 2503 (KMK) Dear Judge Karas : This Office represents Defendant Sarah Tompkins ("Defendant") in the above-captioned case. Pursuant to the Your Honor' s July 18, 2024 Order (Dkt. No. 60), Defendant filed her Motion for Summary Judgment on August 16, 2024 (Dkt. No. 63-66), and Plaintiff was originally given until September 16, 2024 to respond. (Dkt. No. 60). Plaintiff failed to submit an opposition nor requested an extension of time by September 16, 2024. On September 30, 2024, this Office wrote a letter to the Court requesting this case be considered fully submitted. (Dkt. No. 67). This Court responded to that letter on October 4, 2024 and granted Plaintiff an extension to November 15, 2024 to submit an opposition or request additional time. (Dkt. No. 68). Plaintiff failed to submit an opposition nor requested an extension of time by November 15, 2024. As of November 25, 2024, this Office has not received an opposition from Plaintiff, and he has not filed one nor requested an extension of time to do so. Accordingly, Defendant respectfully request that the Court consider her Motion fully submitted and grant Defendant' s Motion for Summary Judgment and dismiss Plaintiffs claims with prejudice, for all the reasons set forth in her opening brief. We thank the Court for its attention to this matter. So Ordered. The Clerk is respectfully directed to mail this document to Plaintiff. Respectfully Submitted, Isl Owen M Crowley Owen M. Crowley Attorney General Fellow 28 Liberty Street, 18 th Floor New York, New York 10005 Owen.crowley@ag.ny .gov 28 Liberty Street, New York, New York 10005 • Tel. : (212) 416-8610 • Fax: (212) 416-6075 (Not For Seivice of Papers) www.ag.ny.gov Case 7:23-cv-02503-KMK-VR cc: Document 69 Raymond Rivera (Via First Class Mail) Pro Se DIN: 17A1815 Green Haven Correctional Facility 594 Rt. 216 P.O. Box 4000 Stormville, NY 12582 Filed 11/25/24 Page 2 of 2

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