Adams v. The Co Op City Department of Public Safety

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDWARD P. ADAMS, Plaintiff(s), v. 21-CV-2675 (DEH) (BCM)

CO-OP CITY DEPARTMENT OF PUBLIC NOTICE OF REASSIGNMENT SAFETY, Defendant(s).

DALE E. HO, United States District Judge: On October 20, 2023, Plaintiff filed a motion for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c). See Dkt. No. 160. Plaintiff’s motion docketed on ECF on October 24, 2023. See id. Per Local Civil Rule 6.1(b), any opposition was due fourteen days later, on November 7, 2023. No such opposition was filed. On November 8, 2023, Defendants filed a letter requesting an extension of time to respond to Plaintiff’s motion for judgment on the pleadings. See Dkt. No. 163. The letter represents that discovery has not been taken. See id. It is hereby ORDERED that Plaintiff’s motion is DENIED, without prejudice to renewal. Any motion for summary judgment or judgment on the pleadings is premature, as discovery has not been taken. See Elliott v. Cartagena, 84 F.4th 481 (2d Cir. 2023) (“When a party has not had any opportunity for discovery, summary judgment is generally premature.”). As stated in the opinion and order issued August 8, 2022, denying Plaintiff’s previous motion for summary judgment, “Defendants have made a sufficient showing that they must be given an opportunity to adequately investigate the allegations made by Adams in the Amended Complaint, including whether any of these events occurred, the police officers’ version of the events, and the extent of the injuries Adams suffered.” Dkt. No. 104, at 5. Defendants’ request for an extension of time to oppose the motion is DENIED, as moot. The parties shall appear for the initial pretrial conference before Magistrate Judge Moses on December 7, 2023, in accordance with her prior order. The Clerk of Court is respectfully directed to mail this Order to the pro se Plaintiff. The Clerk of Court is further directed to close the motions at Dkt. Nos. 160 and 163. SO ORDERED. Dated: November 9, 2023 New York, New York DA DALE E. HO United States District Judge