Dunham v. Philip Lobello

Opinion

DOC#: DATE FILED: 2/1/2020 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JERMAINE DUNHAM, Plaintiff -v.- 11-CV-1223 (ALC)

CITY OF NEW YORK, ET AL., ORDER Defendants

ANDREW L. CARTER, JR., District Judge: The Court is in receipt of Defendants’ requests for a pre-motion conference and for bifurcation and a stay of discovery with respect to Plaintiff's municipal liability claims. ECF No. 124, The Court is also in receipt of Plaintiff's opposition to these requests, ECF No. 128, and the Parties’ joint letter to the Court regarding these issues, ECF No. 138. The Court has determined that in the interest of efficiency and convenience, and to avoid undue prejudice, discovery should be bifurcated and stayed. See, e.g., Brown v. City of New York, No. 13-CV-6912, 2016 WL 616396, at *2 (S.D.N.Y. Feb. 16, 2016) (“[S]ince there is no finding of Monell liability without first finding a constitutional violation, in an effort to promote convenience and economy, courts in this circuit have bifurcated Monell claims and stayed their discovery until a plaintiff has succeeded in establishing liability on the part of the individual defendants.”). Accordingly, Defendants’ request for a stay and bifurcation of discovery with respect to Plaintiff's municipal liability claims is hereby GRANTED. Defendants’ request for a pre-motion conference is hereby DENIED. Defendants are GRANTED leave to file a motion for summary judgment, and the Parties are ORDERED to proceed in accordance with the following briefing schedule:

Defendants’ Brief March 13, 2020 Plaintiff’s Response April 10, 2020 Defendants’ Reply April 24, 2020

Dated: New York, New York co □□ = Dara □□ February 11, 2020 7 (Cae, □□

ANDREW L.CARTER,JR. United States District Judge