Opinion
21-cv-8565
03-04-2022
MODESTO RODRIGUEZ, Plaintiff, v. THE CITY OF NEW YORK. WARDEN STEVEN BASTIAN, OFFICER MICHELLE GONZALEZ, ANTOINETTE DOUGLAS, AND LACHONDA LUCAS, Defendants.
ORDER VACATING MARCH 2 ORDER AND SETTING BRIEFING SCHEDULE
MCMAHON, J.
Whereas the Defendant City of New York moved to dismiss plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on February 17, 2022 (Dkt. No. 21); and
Whereas the State Defendants noticed their motion pursuant to Rule 56 of the Federal Rules of Civil Procedure for an order granting the State Defendants summary judgment as a matter of law on the grounds of qualified immunity on February 17, 2022 (Dkt. No. 23); and
Whereas plaintiff notified the Court on March 1, 2022, that he has not yet been able to serve Defendant Warden Steven Bastian and asked that the City be ordered to release the Warden's last known address, which request this Court granted (Dkt. No. 25); and
Whereas the Court convened an initial conference in this action on March 3, 2022; and
Whereas the Defendant City of New York represented to the Court during said conference that the Corporation Counsel of the City of New York has been authorized to accept service on behalf of the now-retired Warden Steven Bastian; and
Whereas the Defendant City of New York made an oral request that the Court vacate its
March 2, 2022, order directing the City to provide plaintiff with Warden Steven Bastian's last known address (Docket 25), IT IS HEREBY ORDERED that this Court's March 2, 2022 order is hereby modified by striking therefrom any requirement that the City provide Plaintiff s counsel with retired Warden Steven Bastian's last known address (Docket 25); and
IT IS FURTHER ORDERED that the following deadlines be entered:
• Plaintiff's opposition to the City of New York's pending motion to dismiss shall be filed by April 2, 2022;
• The State Defendants' motion to dismiss on the grounds of qualified immunity shall be served no later than April 20, 2022;
• Plaintiff s opposition to the State Defendants' motion shall be served no later than May 20, 2022; and
• The State Defendants' reply shall be served no later than June 3, 2022.