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Case Number: 1:22-CV-6670
Judge: Colleen McMahon
Court: United States District Court for the Southern District of New York (Manhattan County)
Defendant's Attorney: Gregory J.O. Accarino
Description: New York City, New York civil rights lawyers represented Plaintiff who sued Defendant on a prisoner civil rights theory as the Administrator fo the Estate of Herman Tito Diaz.
The City and Defendants have asked the court by letter motion for a stay “pending the resolution of an open investigation by the New York City Department of Correction Investigation Division (“DOC ID”) into the underlying allegations in this case regarding the death” of Plaintiff s decedent, as well as a “corresponding adjournment for all deadlines and conferences in this case pending the conclusion of the DOC ID investigation into the underlying incident.” (Dkt. No. 16, at 1). Although the City asks for a sixty day stay, with a status letter to be filed after thirty days (id.), it is in essence asking for an open-ended stay until such time as DOC ID finishes its investigation. That is apparent from the last sentence of the request letter, which asks that the City be allowed to update the court on the status of the DOC ID investigation “every 30 day [sic], until it has been concluded” (Id.). It is perfectly apparent that the City intends to ask for another extension of time if the DOC ID investigation is not over within 60 days.
Counsel for Plaintiff opposes the request, noting that DOC ID has already had eight months to investigate this incident and that the New York City Board of Corrections has already completed an investigation and produced a detailed report that was published more than six months ago.
Outcome: STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that 1. The above-referenced action is hereby dismissed with prejudice; and 2. Said dismissal is conditioned on compliance with either provisions set forth in Rule 83.2(b) of the Local Civil Rules of this Court ("Settlement of Wrongful Death Actions, and Conscious Pain and Suffering Actions") and Rule 1207 et seq. of the Civil Practice Laws and Rules for the State of New York, or New York State Surrogate's Court, to the extent applicable, and plaintiff's counsel will submit whatever documents are necessary for such court approval. SO ORDERED. (Signed by Judge Colleen McMahon on 4/11/2023) (kv) (Entered: 04/11/2023)