Adams v. City of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, 25-CV-4358 (PAE) (VF) -against- ORDER CITY OF NEW YORK, Defendant. VALERIE FIGUEREDO, United States Magistrate Judge: This action was referred to the undersigned for general pretrial supervision. ECF No. 37. Plaintiff filed a motion for equitable accounting and restitution (ECF No. 40), which seeks the production of certain financial documents, and a motion regarding newly discovered evidence (ECF No. 51). Both motions are premature as Defendant, The City of New York, has not yet appeared or filed any responsive pleading. The motions are DENIED without prejudice to renewal, and Plaintiff may renew the motions once the case reaches the discovery stage. See Perry v. Monaco, No. 24-CV-8736 (LJL), 2025 WL 460804, at *2-3 (S.D.N.Y. Feb. 10, 2025) (denying pro se plaintiff's request for expedited discovery without prejudice given that “[d]iscovery generally does not begin until the defendants are served and have filed a responsive pleading”). The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 40 and 51. SO ORDERED. DATED: New York, New York May 28, 2026 \\ WMO VALERIEFIGUEREDO— United States Magistrate Judge