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Hayes v. City of N.Y.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jul 7, 2014
12 Civ. 4370 (LAK)(HBP) (S.D.N.Y. Jul. 7, 2014)

Opinion

12 Civ. 4370 (LAK)(HBP)

07-07-2014

ROSE HAYES, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants,


OPINION AND

OPINION ORDER

PITMAN, United States Magistrate Judge:

By notice of motion dated December 23, 2013 (Docket Item 10), plaintiff moves to file an amended complaint. For the reasons stated below, the motion is granted.

Defendants have not submitted any opposition to the motion to amend. To the contrary, on February 7, 2014, defendants filed a motion for summary judgment addressed to the proposed amended complaint that was the subject of plaintiff's motion to amend (see Exhibit A to the Declaration of Assistant Corporation Counsel David M. Pollack, dated February 7, 2014 (Docket Item 17)). Because defendants have not opposed plaintiff's motion, have treated the amended complaint as if it were the operative pleading and actually litigated the viability of most of the claims asserted therein, they have impliedly consented to the amendment of the complaint. See generally Lynch v. Dukakis, 719 F.2d 504, 508-09 (1st Cir. 1983); S.E.C. v. Rapp, 304 F.2d 786, 790 (2d Cir. 1962) .

Accordingly, plaintiff's motion to amend her complaint is granted. The Clerk of the Court is directed to close Docket Item 10. Dated: New York, New York

July 7, 2014

SO ORDERED

__________

HENRY PITMAN

United States Magistrate Judge
Copies transmitted to: Lawrence P. LaBrew, Esq.
11th Floor
110 Wall Street
New York, New York 10005
David M. Pollack, Esq.
Felicia Gross, Esq.
Assistant Corporation Counsels
City of New York
100 Church Street
New York, New York 10007


Summaries of

Hayes v. City of N.Y.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jul 7, 2014
12 Civ. 4370 (LAK)(HBP) (S.D.N.Y. Jul. 7, 2014)
Case details for

Hayes v. City of N.Y.

Case Details

Full title:ROSE HAYES, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants,

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jul 7, 2014

Citations

12 Civ. 4370 (LAK)(HBP) (S.D.N.Y. Jul. 7, 2014)

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