Freeman v. Kirisits et al

Filing 22

DECISION & ORDER Plaintiff's motion to halt all scheduling proceedings in this matter 21 is denied. Signed by Hon. Marian W. Payson on 3/3/2017. Copy of Decision & Order sent by First Class Mail to plaintiff Dwayne Freeman on 3/3/2017. (KAH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
DWAYNE FREEMAN,
DECISION & ORDER
Plaintiff,
16-CV-6668T
v.
CHRISTOPHER KIRISITS, et al.,
Defendants.
_______________________________________

Currently pending before the Court is plaintiff’s motion to “halt all schedul[ed]
proceedings in this case until th[e] Court properly decides [p]laintiff’s forthcoming [but as yet
unfiled] motions” to reconsider the district court’s February 6, 2017 Decision and Order
dismissing certain of his claims. (Docket # 21). Plaintiff is free to file such a motion for
reconsideration provided he complies with the requirements of the Federal Rules of Civil
Procedure. Neither the fact that defendant Rochester Psychiatric Center has answered nor the
fact that this Court has scheduled a conference pursuant to Rule 16(b) precludes him from doing
so.
With respect to his request to stay the proceedings pending the filing of such a
motion, that request is denied. Rule 16(b)(2) specifically provides:
The judge must issue the scheduling order as soon as practicable,
but unless the judge finds good cause for delay, the judge must
issue it within the earlier of 90 days after any defendant has been
served with the complaint or 60 days after any defendant has
appeared.

Fed. R. Civ. P. 16(b)(2). Defendant Rochester Psychiatric Center answered the Complaint on
February 21, 2017, and the order scheduling a Rule 16 conference is thus timely. At the
scheduling conference, plaintiff may address the status of any motions pending at that time and
how they should affect, if at all, the setting of deadlines for the litigation of this case.

CONCLUSION
For the foregoing reasons, plaintiff’s motion to halt all scheduling proceedings in
this matter (Docket # 21) is DENIED.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
March 3, 2017

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