Opinion
18-CV-3316 (VEC) (BCM)
01-24-2019
SHAKUR YOUNG, Plaintiffs, v. THE CITY OF NEW YORK, et al., Defendants.
REPORT AND RECOMMENDATION TO THE HONORABLE VALARIE E. CAPRONI
BARBARA MOSES, United States Magistrate Judge.
On January 16, 2019, the parties appeared by telephone for an Initial Case Management Conference pursuant to Fed. R. Civ. P. 16. During that conference, counsel for the City represented that defendant Brian Suprenant, who has not yet been served, retired from his position as Bureau Chief of Security in 2014, three years before the incidents giving rise to plaintiff's claims. See Second Amended Complaint ¶ 11. In light of that representation, plaintiff orally moved to dismiss defendant Suprenant from this action.
I respectfully recommend that defendant Brian Suprenant be DISMISSED from this action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).
The Clerk of the Court is respectfully directed to mail a copy of this report and recommendation to plaintiff. Dated: New York, New York
January 24, 2019
/s/ _________
BARBARA MOSES
United States Magistrate Judge
NOTICE OF PROCEDURE FOR FILING OF OBJECTIONS
TO THIS REPORT AND RECOMMENDATION
The parties shall have 14 days from this date to file written objections to this Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). See also Fed. R. Civ. P. 6(a) and (d). Any such objections shall be filed with the Clerk of the Court, with courtesy copies delivered to the Hon. Valerie E. Caproni at 40 Foley Square, New York, New York 10007, and to the chambers of the undersigned magistrate judge. Any request for an extension of time to file objections must be directed to Judge Caproni. Failure to file timely objections will result in a waiver of such objections and will preclude appellate review. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Frydman v. Experian Info. Sols., Inc., 2018 WL 6179017, at *1 (2d Cir. Nov. 27, 2018); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010).