Daly v. Westchester County Board of Legislators

Opinion

DANTE EDOARDO DALY 300 Crandon Terrace Baldwinsville, New York 13207 Phone: 696-683-5165 The Court construes Plaintiff's request for a pre-motion conference in advance of his motion to amend the Second Amended Complaint as his motion to amend and denies A same based upon consideration of Plaintiffs request (Doc. P 92), the proposed Third Amended Complaint (Doc. 99), and PHILIP M. HALPERN, Defendant's opposition (Doc. 107). See In re Best United States District Judge Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011) c/o Pro Se Office (upholding construction of pre-motion letter as motion). Room 200 In sum, Plaintiff seeks leave to amend his pleading in order 40 Foley Square to provide additional evidence in support of his position and Southern District of New York to "clarify" his claims. Under Federal Rule of Civil Procedure New York, New York 10007 15(a)(2), "[t]he court should freely give leave [to amend a pleading] when justice so requires." Upon due consideration . of the circumstances herein, justice does not require Re: 19-CV-04642 (PMH) United States U granting Plaintiff leave to file a Third Amended Complaint. The Second Amended Complaint remains the operative Your Honor Judge Halpern: pleading in this action. Thi ication i dei |To the extent that Plaintiff wishes to support the claims for Is Communication Is Made IN FESPONSE elief that survived Defendant's motion to dismiss with additional evidence, he will have the opportunity to provide denying my Motion to Supplement my S4that evidence on a motion for summary judgment or at trial. 2021. As a result, | find it necessary to Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 107. Court's Individual Practices Rule 2(C). log orperep. The pertinent facts are as follows: ( 1. | timely filed my original complaintPhilip M. Halpern United States District Judge Amended Complaint on February 11, 20 Dated: White Plains, New York , April 26, 2021 2. Defendant's Answer to my Compla Was TOME OU EUIUATy TY, ZUZT, JU over one year later and less than two (2) months ago. 3. In the six weeks since receiving Defendant's Answer | have recognized various issues that should be clarified for the Court and addressed directly in a Reply to Defendant's Answer. My Supplement was an attempt to accomplish both tasks in a single pleading for judicial economy and clarity for the Court. 4. Since the Court wishes to require another Amended Complaint on my part, | will accede to the Court’s wishes and file separate documents that were parts of the

rejected pleading: an Amended Complaint which I have entitled Third Amended Complaint for clarity going forward, and a Reply to Defendant’s Answer to my previously filed complaints. 5. In the year since my Second Amended Complaint was filed, I have been able to locate pertinent information on salaries paid to Defendant’s employees during the period

I was employed by Defendant and thereafter that substantiate the allegations that Defendant was facing potential lawsuits based on gender pay discrimination; evaluate Defendant’s Affirmative Defenses included in Defendant’s Answer recently received that bear on various parts of my complaints, current allegations and applicable previous observations; and obtain appropriate supporting and evidentiary materials that should be exhibits to my Complaint. 6. Further, I feel it is necessary to clarify the statutory foundations of my lawsuit within my Complaint to assure all participants understand the significant differences between the Americans with Disabilities Act of 1999 and the successive Amendments

Act of 2008 and the Congressional spirit and intent of both laws and their application to the facts of my case. 7. Finally, evidence from the Social Security Administration received in February 2020, and other evidence received from other individuals and entities after the filing of the instant litigation should be included in the filing of my Complaint. 8. In submitting the Supplement, I attempted to clarify my stated claims, provide a detailed factual recounting of the actions and events that resulted in this action, and present currently available existing, pre-discovery credible, admissible evidence to focus all participants’ attentions to the completion of the litigation and simplify the requirements for bringing the litigation to final judgment in this Court. 9. My goals will remain the same if the Court grants my Motion for Leave to File an Amended Complaint, a copy of which is attached to this letter. 10. I will be happy to provide any additional information requested by the Court to

support this request. Sincerely yours,

__________________________ Dante E. Daly

CC via ECF: Irma Cosgriff (IC 1320) Associate County Attorney, of Counsel 600 Michaelian Office Building 148 Martine Avenue White Plains, New York 10601