Opinion
08 CV 3618 (SLT) (LB).
November 2, 2009
ORDER
By letter dated October 22, 2009, plaintiff requests a thirty day extension to comply with the Court's Order. See docket entry 25. Plaintiff also files a brief. See docket entry 26. Plaintiff's request for an extension of time is denied as moot as on October 21, 2009, the Court set the schedule for defendants' motion. The motion schedule is attached hereto for plaintiff's convenience.
SO ORDERED.
ORDER
By letter dated August 27, 2009, defendants Cameron Lindsay — the Warden of the Metropolitan Detention Center ("MDC") — and Louis Williams — a counselor at the MDC — request a pre-motion conference in order to seek permission to file a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) or, in the alternative, a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Although plaintiff requested, and was granted, an extension of time until October 17, 2009, in which to respond to defendants' pre-motion conference request, this Court has yet to receive any response from plaintiff. Because plaintiff has not responded, and because this Court does not believe that a pre-motion conference would be useful under the circumstances of this case, it is hereby
ORDERED, that defendants' request for permission to move for judgment on the pleadings is granted. Although defendants may also move, in the alternative, for summary judgment, defendants are advised that this Court will not grant relief with respect to any issue on which plaintiff would need discovery in order to respond. It is further
ORDERED, that defendants shall serve their motion papers on plaintiff on or before November 20, 2009. Plaintiff shall serve his response to the motion on defendants by mailing a copy to AUSA Margaret M. Kolbe, at the United States Attorney's Office for the Eastern District of New York, 271 Cadman Plaza East, Brooklyn, New York 11201, on or before December 23, 2009. Defendants shall have until January 15, 2010, in which to serve their reply, if any. It is further
ORDERED, that defendants shall file the fully briefed motion with the Court on or before January 19, 2010.