Feliciano v. City of New York

Opinion

oes NICALLY FILED} ae seoaaLas Sass □ ave □□□ THE CiTy OF NEW YORK HON. SYLVIA 0. HINDS-RADIX LAW DEPARTMENT MARK D. ZUCKERMAN Corporation Counsel 100 CHURCH STREET Senior Counsel NEW YORK, NY 10007 E-mail: mzuckerm@law.nyc.gov Phone: (212) 356-3519 Fax: (212) 788-9776

May 11, 2023 VIA ECF The Honorable Lewis A. Kaplan United States District Judge Southern District of New York 500 Pearl St. New York, N.Y. 10007

Re: Madeline Feliciano, guardian of Nicholas Feliciano v. The City of New York, et. al., 20 Civ. 10033 (MKV) Your Honor: I am a Senior Counsel in the office of the Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, representing defendants City of New York and Mark Peralta in the above-referenced matter. We write with the consent of all parties to respectfully request that the stay of all proceedings which is presently in effect in this case through May 26, 2023 (See Docket 136) be extended through July 31, 2023. The reason for the request is twofold. First, as the Court is aware, there are parallel criminal investigations ongoing in connection with the underlying suicide attempt which gives rise to this civil rights action. Thus, this Court has the discretion to stay a civil case in the interest of justice. See United States v. Kordel, 397 U.S. 1, 12 n.27 (1970) (“Federal courts have deferred civil proceedings pending the completion of parallel criminal prosecutions when the interests of justice seemed to require such action,....).! Defendants respectfully request the continued stay due to the pending and parallel criminal investigations.

' Plaintiffs’ counsel have previously indicated that they do not agree that a stay is required by law, but consent to a stay in any event.

TERWIS‘A. KAPLAN, USPJ, □

Second, the parties are scheduled for a second and continued full day settlement conference before Magistrate Judge Cott on July 11, 2023.7 (See Docket 137) The parties would like to further explore settlement with Magistrate Judge Cott at the second scheduled settlement conference before proceeding to active litigation. The request includes, as with the prior requests for a stay of all proceedings in this case, that the Court continue to adjourn the time for defendants to respond to the compiaint to a date to be determined in the future. This is the seventeenth request for the stay to be extended. Thank you for your consideration herein. Respectfully submitted, /s/ Mark D. Zuckerman Mark D. Zuckerman Senior Counsel

ce: All Counsel (via ECF)

? The first full day settlement conference was held before Magistrate Judge Cott on May 4, 2023.