Doe v. Selsky et al

Filing 51

ORDER that in light of the Second Circuit's remand,both sides should submit additional briefs addressing the issues presented by that remand. Defendants shall file a brief, not to exceed 10 pages in length, addressing the issues presented by the Second Circuit's remand order, no later than 40 days after the date of issuance of this Order. Plaintiff shall file a response to defendants' brief no later than 30 days after the filing of defendants' brief. Signed by Hon. David G. Larimer on 3/12/13. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
JOHN DOE,

Plaintiff,
ORDER
08-CV-6199L
v.
DONALD SELSKY,
J. WOOD,
D. SQUIRES,
C. SCHOONOVER,
SERGEANT HARVEY,
CHRISTINE A. ANTENORE,
PETER RUSSELL,
J. THOMPSON,

Defendants.
________________________________________________

On March 7, 2013, the Court of Appeals for the Second Circuit issued an order in this case,
stating that this Court “erred in ... finding most of Doe’s claims to be ‘clearly time-barred.’” The
Court of Appeals remanded the action to this Court, with instructions to “determine whether
defendant’s [sic] filings were exhaustive measures, and whether based on their dates his complaint
is timely.”
In light of the Second Circuit’s remand, I believe both sides should submit additional briefs
addressing the issues presented by that remand. Accordingly, it is hereby

ORDERED that defendants shall file a brief, not to exceed ten pages in length, addressing
the issues presented by the Second Circuit’s remand order, no later than forty (40) days after the date
of issuance of this Order. Plaintiff shall file a response to defendants’ brief no later than thirty (30)
days after the filing of defendants’ brief.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
March 12, 2013.

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