In re McDaniel Litigation

Opinion

UNITED STATES DISTRICT COURT USDC SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT CURTIS McDANIEL, ELECTRONICALLY FILED DOCH Plaintitt, DATE FILED:_ 6/11/2021 -against-

THE PEOPLE OF THE STATE OF NEW YORK, et al, 1:19-CV-7680 (AJN) (KHP) Defendants. ORDER

CURTIS McDANIEL, Plaintiff, -against-

NYC FIRE DEPARTMENT, NYC POLICE DEPARTMENT, JOHN and JANE DOES 1-7, CITY OF NEW YORK, Defendants.

KATHARINE H. PARKER, United States Magistrate Judge: On May 17, 2021, the Plaintiff requested permission to add information to his Second Amended Complaint at ECF No. 14 but did not provide the proposed amended pleading. (ECF No. 60.) Under Federal Rule of Civil Procedure 15, a party must a proposed amendment or new pleading with a motion to amend. See 3 James Wm. Moore et al., Moore's Federal Practice 111 15. 17[1] (3d ed. 2004). The “failure to submit a proposed amended complaint constitutes sufficient grounds to deny a motion to amend.” Murray v. New York, 604 F. Supp. 2d 581, 588 (W.D.N.Y. 2009) (citing LaBarbara v. Ferran Enterprises, Inc., 2009 WL 367611, at *3 (E.D.N.Y.

Feb. 10, 2009) (“In order to meet the requirements of particularity in a motion to amend, a complete copy of the proposed amended complaint must accompany the motion so that both the court and the opposing party can understand the exact changes sought.”)). Accordingly, Plaintiff's request is denied without prejudice. To the extent Plaintiff seeks to amend his complaint, he must provide the Court and Defendants with the proposed amended pleading together with a letter requesting a pre- motion conference in accordance with the Individual Practices of this Court. At any such conference, the Court will determine whether briefing is needed or, alternatively, whether Defendants consent to the amended pleading. The Clerk of Court is requested to mail a copy of this order to the Plaintiff.

SO ORDERED. Dated: June 11, 2021 New York, New York si } 4 ‘2 se Kethauce H f anh he KATHARINE H. PARKER United States Magistrate Judge

The Clerk of Court is requested to mail a copy of this order to: Curtis McDaniel DIN # 20-A-0242 Bare Hill Correctional Facility Caller Box 20 181 Brand Road Malone, NY 12953