Francis v. City of New York

262 F.R.D. 280, 2009 U.S. Dist. LEXIS 67158, 2009 WL 2365338
CourtDistrict Court, S.D. New York
DecidedJuly 31, 2009
DocketNo. 09 Civ. 2103(SAS)
StatusPublished
Cited by2 cases

This text of 262 F.R.D. 280 (Francis v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Francis v. City of New York, 262 F.R.D. 280, 2009 U.S. Dist. LEXIS 67158, 2009 WL 2365338 (S.D.N.Y. 2009).

Opinion

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION AND BACKGROUND

Hopeton Francis has sued the City of New York, Warden Baily of the George Motchan Detention Center at Riker’s Island, two corrections officers, and a Department of Corrections investigator, alleging violations of Section 1983 of Title 42 of the United States Code. According to the Second Amended Complaint, Francis had been placed in protective custody pursuant to a court order.1 Despite the order, corrections officers failed to keep Francis segregated from the general prison population, and on November 24, 2008, they placed him in a general holding pen prior to a court appearance.2 At approximately 6:30 a.m., another inmate in the pen attacked Francis with a razor, slashing Francis’s face twice.3

Francis successfully served the City of New York and Warden Bailey with a summons and a copy of his Second Amended Complaint on July 2, 2009. Francis attempted to serve the other three named defendants but has not yet successfully done so. On July 27, the Court received a letter from an Assistant Corporation Counsel in the office of the City of New York Law Department dated July 24 on behalf of the City and Warden Bailey, requesting a sixty-day enlargement of time — until September 21, 2009 — to respond to the Second Amended Complaint.4 The letter asserts two grounds for the request. First, the City claims that it requires additional time under Rule 11 of the Federal Rules of Civil Procedure to investigate the allegations of the Complaint. Second, the City asserts that an extension would allow it to determine — pursuant to Section 50-k of the New York General Municipal Law — whether it may represent individually named defendants, on the assumption that all individual defendants will be served during the period of the extension. For the reasons outlined below, the City’s request is denied.

II. APPLICABLE LAW

A. The Federal Rules and Response to a Complaint

The Federal Rules of Civil Procedure “govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”5 Unless a defendant has waived service, most defendants “must serve an answer within 20 days after being served with the summons and complaint.”6 “The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer ... within 60 days after service on the United States attorney.” 7

B. The Municipal Duty to Defend Employees

Under the New York General Municipal Law,

[282]*282At the request of the employee ... the city shall provide for the defense of an employee of any agency in any civil action or proceeding ... arising out of any alleged act or omission which the corporation counsel finds occurred while the employee was acting within the scope of his public employment and in the discharge of his duties and was not in violation of any rule or regulation of his agency at the time the alleged act or omission occurred.8

This duty to defend employees is conditioned on “delivery to the corporation counsel ... of the original or a copy of any summons, complaint, process, notice, demand or pleading within ten days after he [or she] is served.”9

III. DISCUSSION

In nearly every case brought in this Court against the City of New York, this Court receives a letter from the New York City Law Department within a few days of the City’s deadline to respond to the complaint. The letters are nearly identical. Each requests a sixty-day enlargement of time to move or answer. Each asserts that the office requires additional time to investigate the allegations prior to answering.10 Each claims that the City must determine whether it can represent individual employee defendants, citing the same 1985 decision of the Second Circuit.11 Each then asserts that after the City determines whether there is a conflict, individual defendants must decide whether they wish to be represented by the Law Department, citing the same 1984 decision of the Second Circuit.12

The City handles a tremendous amount of litigation.13 Although the Court is sympathetic to the diligent work of the New York City Law Department, the City does not have special procedural rights in federal court. “Like any ordinary litigant, the Government must abide by the Federal Rules of Civil Procedure.”14 Through years of acquiescence, this Court has created a de facto local rule allowing the City to respond to a complaint within eighty days. The City is entitled to no such default rule.

Rule 12’s twenty-day response period was not set thoughtlessly.15 This time period balances a defendant’s need to investigate its conduct and the conduct of its agents against a plaintiffs right to a just and speedy resolution. In many cases, plaintiffs face hardship pending resolution of their claims: loss of a job, lack of money to pay bills, or continued deprivation of constitution rights. On the other side of the equation, many large corporate defendants face the same hardships borne by the City: the need for internal investigation, inquiry into possible conflicts of interest, and determination whether employees wish to be represented by the corporation’s chosen counsel. These companies defend themselves in litigation without the aid of an automatic enlargement of time. Thus no general rationale justifies the uniform extension sought by the City in this and so many other cases.

Furthermore, the requirements of the General Municipal Law demonstrate that the City does not need additional time to wait for employees to decide whether they wish to [283]*283receive representation from the Law Department. An employee must determine whether or not he or she wishes to be represented by the City within ten days of service. Therefore this decision will never require an extension of the time needed to respond to a complaint. Moreover, as the City must investigate the facts of a ease in order to respond to the complaint, there is no need for the City to even wait until it has received a request for representation in order to determine the facts necessary to establish whether there is a conflict of interest with its employees.

The case at bar is particularly egregious. The City did not bother to draft a letter until two days after its answer was due.

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Cite This Page — Counsel Stack

Bluebook (online)
262 F.R.D. 280, 2009 U.S. Dist. LEXIS 67158, 2009 WL 2365338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francis-v-city-of-new-york-nysd-2009.