Hadid v. City of New York

182 F. Supp. 3d 4, 2016 U.S. Dist. LEXIS 56201, 2016 WL 1622888
CourtDistrict Court, E.D. New York
DecidedApril 22, 2016
Docket15-CV-19 (WFK) (RER)
StatusPublished
Cited by12 cases

This text of 182 F. Supp. 3d 4 (Hadid v. City of New York) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hadid v. City of New York, 182 F. Supp. 3d 4, 2016 U.S. Dist. LEXIS 56201, 2016 WL 1622888 (E.D.N.Y. 2016).

Opinion

DECISION & ORDER

WILLIAM F. KUNTZ, II, United States District Judge:

On January 5, 2015, Plaintiff Bobby Farid Hadid (“Plaintiff’) filed a Complaint against The City of New York, Raymond W. Kelly, David Cohen, Thomas Galati, William Bratton, John Miller, Charles Campisi, Christopher Broschart, Charles Hynes, Melissa Carvajal, and Elizabeth Moehle (collectively “Defendants”) alleging violations of his rights pursuant to, inter alia, 42 U.S.C. §§ 1983 and 1985 for abuse of process, false arrest, malicious prosecution, and denial of Plaintiff s right to a fair trial. ECF No. 1 (“Complaint”). Defendants moved to dismiss the Complaint for lack of jurisdiction and failure to state a claim on October 2, 2015. ECF No. 37. On November 30, 2015, the Court granted in part and denied in part Defendants’ motion. ECF No. 51. Plaintiff now moves for leave to amend the Complaint, or, in the alternative, for the Court to reconsider its November 30, 2015 decision. ECF No. 72. For the reasons that follow, Plaintiffs motion is DENIED in its entirety.

BACKGROUND

The court assumes the parties’ familiarity with the underlying facts of this action. See Hadid v. City of New York, 15-CV-19, 2015 WL 7734098, at *1-3 (E.D.N.Y. Nov. 30, 2015) (Kuntz, J.).

Plaintiff filed the instant Complaint on January 5, 2015, asserting the following causes of action- against Defendants: (1) Violation of First Amendment Rights under 42 U.S.C. § 1983, (2) Malicious and Fraudulent Prosecution under 42 U.S.C. § 1983, (3) Malicious Abuse of Process under 42 U.S.C. § 1983, (4) Conspiracy to Violate Plaintiffs Civil Rights under 42 U.S.C. § 1983, (5) Conspiracy to Violate Plaintiffs Civil Rights under 42 U.S.C. § 1985(3), (6) Violation of Plaintiff s Right to a Fair Trial under 42 U.S.C. § 1983, (7) Violation of Substantive and Procedural Due Process under 42 U.S.C. § 1983, (8) Municipal Liability under 42 U.S.C. § 1983, (9) Malicious Prosecution under New York State law, (10) Malicious Abuse of Process under New York State law, and (11) False Arrest under New York State law. Complaint 76-130.

During a pre-motion conference on April 16, 2015, Defendants requested permission [8]*8to file a motion to dismiss this action in its entirety pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1). See ECF Minute Entry dated Apr. .16, 2015. The Court permitted Defendants-to .file their motion, but denied Defendants’ request for a stay of discovery. Id. The Court set out an initial briefing, schedule that required Defendants to file their fully-briefed motion.to dismiss on or before July 17, 2015. Id. The Court granted Defendants an extension of time to prepare their initial moving papers, which they served on Plaintiff on May 29, 2015. ECF No. 18. The Court granted Plaintiff two extensions of time to prepare his opposition papers, which he served on Defendants on August 3, 2015. ECF Nos. 20, 22. The Court then granted Defendants two extensions of time to prepare their reply papers, pushing the filing date for the fully-briefed motion to October 2, 2015. ECF Nos. 30, 34.

During a discovery status conference before Magistrate Judge Ramon E. Reyes on May 5, 2015, Plaintiff requested permission to file an Amended Complaint beyond the period allowed as a matter of course under Fed.R.Civ.P. 15(a). See ECF No. 19 at 28-30; Fed.R.Civ.P. 15(a)(1)(B) (permitting amendment as a right twenty-one days after' service of a 12(b) motion). Magistrate Judge Reyes, over Defendants’ objection, entered a scheduling order allowing Plaintiff to file an Amendéd Corri-plaint on or before August 15, 2015. ECF No. 17. At a subsequent discovery conference on August 13, 2015, Plaintiff sought to extend his time to amend the Complaint further. See ECF No. 27 at 20-23. Magistrate Judge Reyes denied the request, reasoning that extending the time to file Plaintiffs Amended Complaint would moot the pending motion to dismiss, which was almost fully briefed. Id. Plaintiff did not file an amended complaint on or before the August 15,2015 deadline.

On October 2, 2015, Defendants filed the fully-briefed motion to dismiss. ECF No. 37. On November 30, 2015, the Court issued a Decision and Order granting Defendants’ motion as to all claims except for Plaintiffs First Amendment retaliation claims occurring on or after January 5, 2012. ECF No. 51. On January 26, 2016, Plaintiff moved for leave to amend the Complaint to address certain pleading defects, or, in the alternative, for reconsideration of the Court’s November 30, 2015 Decision and Order as to Plaintiffs second and ninth causes of action. ECF No. 72 (“PL’s Mot.”). For the reasons stated below, the Court hereby DENIES Plaintiffs motion.

ANALYSIS

I. Motion for Leave to Amend

A. Legal Standard

Federal Rule of Civil Procedure 15(a) permits a court to grant leave to amend “freely” when “justice so requires.” The Court retains “sound discretion” over the decision, however, and may deny leave for “good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party.” McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir.2007). An amendment is futile “if it appears that plaintiff cannot address the deficiencies identified by the court and allege facts sufficient to support the claim.” Panther Partners Inc. v. Ikanos Commc’ns, Inc., 347 Fed.Appx. 617, 622 (2d Cir.2009) (citation omitted). Undue prejudice exists where “an amendment would ‘require the opponent to expend significant additional resources to conduct discovery and prepare for trial’ or ‘significantly delay the resolution of a dispute.’ ” Ruotolo v. City of New York, 514 F.3d 184, 192 (2d Cir.2008) (quoting Block v. First Blood Assocs., 988 F.2d 344, 350 (2d Cir. 1993)).

[9]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
182 F. Supp. 3d 4, 2016 U.S. Dist. LEXIS 56201, 2016 WL 1622888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hadid-v-city-of-new-york-nyed-2016.