Parker v. Santiago et al

Filing 55

ORDER: By March 18, 2025, counsel for Defendants is hereby ordered to submit a letter to this Court setting forth Defendants' position regarding whether the amended complaint should be accepted for filing. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 3/10/2025) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KEENAN PARKER,
Plaintiff,
-against-

ORDER
23 Civ. 9326 (NSR) (AEK)

C.O. D. SANTIAGO, et al.,
Defendants.
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THE HONORABLE ANDREW E. KRAUSE, U.S.M.J.
In his November 13, 2024 Opinion & Order granting in part and denying in part
Defendants’ motion to dismiss, the Honorable Nelson S. Román granted Plaintiff Keenan Parker
leave to file an amended complaint by December 14, 2024. See ECF No. 42 at 12-13. In a letter
to the Clerk of Court dated December 27, 2024 (and docketed on January 2, 2025), Plaintiff
requested additional time to file an amended complaint. ECF No. 43. Judge Román granted the
application in an order dated January 7, 2025, and extended the deadline to February 7, 2025.
ECF Nos. 44. Plaintiff was advised that the amended complaint would replace, not supplement,
the original complaint, and that any claims that Plaintiff wished to pursue must be included in, or
attached to, the amended complaint. Id. Judge Román further ordered that if Plaintiff failed to
file an amended complaint within the time allowed, those claims that were dismissed without
prejudice in the November 13, 2024 Opinion & Order would be deemed dismissed with
prejudice. Id. Defense counsel was directed to mail a copy of the January 7, 2025 order to
Plaintiff and to file proof of service on the docket. Id. Defense counsel did send a copy of the
order to Plaintiff, but not until January 22, 2025, 15 days after the order was issued by Judge
Román. See ECF No. 45.

No amended complaint was filed by the February 7, 2025 deadline. On February 28,
2025, Defendant Breidenstein filed his answer to the original complaint, along with a proposed
case management plan, see ECF Nos. 46, 47; those documents were served via mail on Plaintiff
the same day that they were filed, see ECF No. 48. Judge Román referred this case to the
undersigned for general pretrial supervision on March 4, 2025. ECF No. 49.
On March 5, 2025 the Clerk of Court docketed Plaintiff’s amended complaint. See ECF
No. 51. This document was received in the Clerk’s Office on February 28, 2025, though
Plaintiff represented that he delivered the complaint to prison authorities for mailing on February
18, 2025, 11 days after the deadline originally set by Judge Román in the January 7, 2025 order.
See id. at 8, 9.
By March 18, 2025, counsel for Defendants is hereby ordered to submit a letter to this
Court setting forth Defendants’ position regarding whether the amended complaint should be
accepted for filing.
The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se
Plaintiff.
Dated: March 10, 2025
White Plains, New York
SO ORDERED.
___________________________________
ANDREW E. KRAUSE
United States Magistrate Judge

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