Opinion
21 Civ. 4649 (PAC)
11-21-2022
K.S. on Behalf of Herself and Her Minor Child, D.S, Plaintiffs, v. THE CITY OF NEW YORK, ST. VINCENT'S SERVICES, INC., HEARTSHARE HUMAN SERVICES OF NEW YORK, HEARTSHARE ST. VINCENT'S SERVICES, THE ADMINISTRATION FOR CHILDREN'S SERVICES, COMMISSIONER DAVID HANSELL, In His Official Capacity, ACS J. DOE 1, ACS J. DOE 2, JOHN OLUFEMI, ST. VINCENT'S J. DOE 1, ROSALYN CHERNOFSKY, LYDIA KING, DAWN SAFFAYEH, NEW YORK CITY DEPARTMENT OF EDUCATION; NEW YORK CITY BOARD OF EDUCATION; CHANCELLOR MEIS HA PORTER, In her Official Capacity, Defendants.
ORDER
HONORABLE PAUL A. CROTTY, United States District Judge.
On November 17, 2022, the Court held a conference to discuss Plaintiffs' application to file a second amended complaint and to issue two non-party subpoenas. See ECF Nos. 56, 58. The Court GRANTS Plaintiffs leave to file a second amended complaint by January 9, 2023. The Court finds no undue delay, bad faith, or dilatory motive in allowing Plaintiffs to review additional records in furtherance of their claims and that the Defendants are not unduly prejudiced by a minor delay in the continuation of the case. See Monahan v. New York City Dep't of Corr., 214 F.3d 275, 283 (2d Cir. 2000).
Further, the Court GRANTS Plaintiffs' request under Fed. R. Civ. Pro. 45 for a subpoena for production of documents concerning D.S. from Safe Horizon, Inc. See ECF No. 58-1. Plaintiffs' request for a subpoena for the production of documents from The Brooklyn Hospital Center, see id. 58-2, is DENIED without prejudice to its renewal. Plaintiffs are directed to meet and confer with The Brooklyn Hospital Center and confirm the Center possess the relevant records.
In light of Plaintiffs' leave to file a second amended complaint, the parties' proposed briefing schedule is hereby adopted. Plaintiffs' second amended complaint is due on or before January 9, 2023, Any defendant wishing to file a motion to dismiss or an answer must do so on or before February 9, 2023. A response to the motion to dismiss is due on or before March 9, 2023, and a reply on or before March 23, 2023.
SO ORDERED