Opinion
01 Civ. 6931 (RWS)
August 7, 2002
MEMORANDUM OPINION
Pro se plaintiff Lennox David, a/k/a Renwick Williams ("David") has moved to amend his complaint in the above referenced action to change the name of one of the defendants and change the date and time of the alleged injury and attack due to information that he has recently received through discovery. He also moved to have the court reporter fee waived as he is incarcerated and cannot pay the fee.
David's motion was received on June 6, 2002, and was taken on submission on July 3, 2002.
Defense counsel stated in a letter dated July 2, 2002 that defendants express no opinion with regard to the motion to waive the court reporter fee. Further, they do not oppose the motion to amend the complaint if the following conditions are met. First, proper service must be made on the newly named defendant, Captain Gong ("Gong"), at his present place of employment at the Bernard B. Kerik Complex at 125 White Street, New York, New York. Second, defendants request that discovery be extended to September 13, 2002, in light of the amendments. Finally, defendants seek to defer the joint pretrial order, currently due on July 16, 2002, for sixty days.
By order dated July 2, 2002, the Court granted David permission to serve Gong despite the fact that service would not be timely.
David's motion to amend the complaint is granted, as is his motion to waive the court reporter fee. David must now properly serve Gong at the address above. In addition, defendants' motion to extend the discovery deadline and date to file the pretrial order is granted.
It is so ordered.