K.S. v. City of New York

S.D. New York

K.S. v. City of New York

District Court, S.D. New York·Decided November 21, 2022·No. 1:21-cv-04649·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK pene ee ee eee KK K.S. on Behalf of Herself and Her Minor : Child, D.S,

Plaintiffs, : 21 Civ, 4649 (PAC) ~against- : Order THE CITY OF NEW YORK, ST. VINCENT’S : SERVICES, INC., HEARTSHARE HUMAN SERVICES OF NEW YORK, HEARTSHARE : ST. VINCENT'S SERVICES, THE ADMINISTRATION FOR CHILDREN’S : SERVICES, COMMISSIONER DAVID HANSELL, In His Official Capacity, : ACS J. DOE 1, ACS I. DOE 2, JOHN OLUFEMI, ST. VINCENT’S J. DOE 1, ROSALYN : CHERNOFSKY, LYDIA KING, DAWN SAFFA YEH, NEW YORK CITY DEPARTMENT : OF EDUCATION; NEW YORK CITY BOARD OF EDUCATION; CHANCELLOR MEISHA : PORTER, In her Official Capacity, Defendants. woe □□□ ee eee eee K On November 17, 2022, the Court held a conference to discuss Plaintiffs’ application to file a second amended complaint and to issue two non-party subpoenas. See ECF Nos. 56, 58. The Court GRANTS Plaintiffs leave to file a second amended complaint by January 9, 2023. The Court finds no undue delay, bad faith, or dilatory motive in allowing Plaintiffs to review additional records in furtherance of their claims and that the Defendants are not unduly prejudiced by a minor delay in the continuation of the case. See Monahan v. New York City Dep’t of Corr., 214 F.3d 275, 283 (2d Cir. 2000). Further, the Court GRANTS Plaintiffs’ request under Fed. R. Civ. Pro. 45 fora

subpoena for production of documents concerning D.S. from Safe Horizon, Inc. See ECF No. 58-1, Plaintiffs’ request for a subpoena for the production of documents from The Brooklyn Hospital Center, see id. 58-2, is DENIED without prejudice to its renewal. Plaintiffs are directed to meet and confer with The Brooklyn Hospital Center and confirm the Center possess the relevant records. In light of Plaintiffs’ leave to file a second amended complaint, the parties’ proposed briefing schedule is hereby adopted. Plaintiffs’ second amended complaint is due on or before January 9, 2023. Any defendant wishing to file a motion to dismiss or an answer must do so on or before February 9, 2023. A response to the motion to dismiss is due on or before March 9, 2023, and a reply on or before March 23, 2023.

Dated: New York, New York SO ORDERED November:__, 2022 4 ff Mf, HONORABLE PAUL A. CROTTY United States District Judge

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

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK pene ee ee eee KK K.S. on Behalf of Herself and Her Minor : Child, D.S,

Plaintiffs, : 21 Civ, 4649 (PAC) ~against- : Order THE CITY OF NEW YORK, ST. VINCENT’S : SERVICES, INC., HEARTSHARE HUMAN SERVICES OF NEW YORK, HEARTSHARE : ST. VINCENT'S SERVICES, THE ADMINISTRATION FOR CHILDREN’S : SERVICES, COMMISSIONER DAVID HANSELL, In His Official Capacity, : ACS J. DOE 1, ACS I. DOE 2, JOHN OLUFEMI, ST. VINCENT’S J. DOE 1, ROSALYN : CHERNOFSKY, LYDIA KING, DAWN SAFFA YEH, NEW YORK CITY DEPARTMENT : OF EDUCATION; NEW YORK CITY BOARD OF EDUCATION; CHANCELLOR MEISHA : PORTER, In her Official Capacity, Defendants. woe □□□ ee eee eee K On November 17, 2022, the Court held a conference to discuss Plaintiffs’ application to file a second amended complaint and to issue two non-party subpoenas. See ECF Nos. 56, 58. The Court GRANTS Plaintiffs leave to file a second amended complaint by January 9, 2023. The Court finds no undue delay, bad faith, or dilatory motive in allowing Plaintiffs to review additional records in furtherance of their claims and that the Defendants are not unduly prejudiced by a minor delay in the continuation of the case. See Monahan v. New York City Dep’t of Corr., 214 F.3d 275, 283 (2d Cir. 2000). Further, the Court GRANTS Plaintiffs’ request under Fed. R. Civ. Pro. 45 fora

subpoena for production of documents concerning D.S. from Safe Horizon, Inc. See ECF No. 58-1, Plaintiffs’ request for a subpoena for the production of documents from The Brooklyn Hospital Center, see id. 58-2, is DENIED without prejudice to its renewal. Plaintiffs are directed to meet and confer with The Brooklyn Hospital Center and confirm the Center possess the relevant records. In light of Plaintiffs’ leave to file a second amended complaint, the parties’ proposed briefing schedule is hereby adopted. Plaintiffs’ second amended complaint is due on or before January 9, 2023. Any defendant wishing to file a motion to dismiss or an answer must do so on or before February 9, 2023. A response to the motion to dismiss is due on or before March 9, 2023, and a reply on or before March 23, 2023.

Dated: New York, New York SO ORDERED November:__, 2022 4 ff Mf, HONORABLE PAUL A. CROTTY United States District Judge

K.S. v. City of New York, (S.D.N.Y. 2022).

Pincite

K.S. v. City of New York (K.S. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.