Terry v. N.Y.C.

Full title: KEVIN TERRY, Plaintiff, v. N.Y.C./D.O.C./V.C.B.C. WARDEN CARTER…

Court: United States District Court, S.D. New York

Date published: Mar 8, 2022

1:21-cv-8995-GHW (S.D.N.Y. Mar. 8, 2022)

Opinion

1:21-cv-8995-GHW

03-08-2022

KEVIN TERRY, Plaintiff, v. N.Y.C./D.O.C./V.C.B.C. WARDEN CARTER; N.Y.C./D.O.C./V.C.B.C. CAPTAIN GUERRA; 3-AA HOUSING UNIT CAPTAIN; N.Y.C./D.O.C./V.C.B.C. CAPTAIN JOHN DOE INTAKE SUPERVISING CAPTAIN; N.Y.C./D.O.C./V.C.B.C. CAPTAIN HORTON, Defendants.

GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE.

ORDER

GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE.

Defendant's March 7, 2022 request to file a motion to dismiss, Dkt. No. 13, is granted. The Court does not require a pre-motion conference to discuss Defendant's proposed motion. The Defendant's motion to dismiss shall be filed by April 4, 2022. Plaintiff's opposition, if any, shall be filed by May 2, 2022. If Plaintiff fails to file an Opposition by that deadline, the Court will consider the motion unopposed. Defendant's reply, if any, shall be filed by May 16, 2022.

In addition, Defendant's request to stay discovery pending the Court's decision on Defendant's proposed motion to dismiss is granted. When considering whether to stay discovery pending the resolution of a motion to dismiss, courts consider several factors including “(1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay.” Am. Fed. Of Musicians and Employers' Pension Fund v. Atlantic Recording Corp., 2016 WL 2641122, at *1 (S.D.N.Y. Jan. 8, 2016); see Johnson v. New York Univ. Sch. of Educ., 205 F.R.D. 433 (S.D.N.Y. 2002) (“[C]ourts in this district have held that a stay of discovery is appropriate pending resolution of a potentially dispositive motion where the motion appears to have substantial grounds or, stated another way, does not appear to be without foundation in law.” (internal quotation marks and brackets omitted) (collecting cases)). Here, Defendant's letter has presented colorable arguments related to Plaintiffs exhaustion of administrative remedies. The other factors also weigh in favor of a stay. Accordingly, discovery in this matter is stayed pending the Court's resolution of Defendant's motion to dismiss.

The Clerk of Court is instructed to terminate the motion at Dkt. No. 13 and send a copy of this order to Plaintiff by certified mail.

SO ORDERED.