Opinion
20-cv-5560 (VSB)
10-14-2021
Shomari E. Norman, Plaintiff, v. City of New York, Leith Chrysler Jeep, NYCPD Commissioner Dermot Shea, Defendants.
ORDER
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE
After my Opinion & Order dated December 20, 2020, the remaining Defendants in this case are the City of New York, NYCPD Commissioner Dermot Shea, and Leith Chrysler Jeep (“Jeep”). (Doc. 42; see also Doc. 2.) Jeep was served on August 6, 2020. (Doc. 19.) To this date, Jeep has not appeared or responded to the complaint. Plaintiff has taken no action to prosecute this case against Jeep.
Plaintiff alleged in his Complaint that “Jeep Capital in Raleigh, North Carolina somehow recovered [his towed vehicle] and sold it to someone else, ” (Doc. 2 ¶ 3), and that “Chrysler Capital has made a false report on [him], ” which he challenged with three credit bureaus without success, (id.). However, Plaintiff has not provided any other information about Jeep, Jeep Capital, or Chrysler Capital, or requested information about Jeep during the seven-month discovery. Nor has Plaintiff sought default judgment against Jeep.
Given that the Defendants filed their summary judgment motion one day after the scheduled deadline (which I accept as timely for this time), (see Docs. 70-73; see also Doc. 66), it is hereby ORDERED that Plaintiff shall file his opposition to summary judgment by 1 November 12, 2021, and Defendants shall file their reply, if any, by December 10, 2021. It is FURTHER ORDERED that in his opposition brief, Plaintiff shall also explain to this Court why his claims, if any, against Defendant Leith Chrysler Jeep should not be dismissed at this point.
SO ORDERED. 2