Garvin v. Rivera et al, No. 1:2013cv07054 - Document 33 (S.D.N.Y. 2015)

Court Description: OPINION AND ORDER re: 30 APPLICATION for the Court to Request Counsel filed by Gregory Garvin, 23 MOTION to Dismiss (Notice of Motion) filed by Blake, Lindo, Rothwell, Margarita, Luis Rivera. For the reasons stated above, IT IS HEREBY ORDERED THAT Defendants' partial motion to dismiss is denied without prejudice to renewal as a motion for summary judgment on the issue of administrative exhaustion. The Clerk of the Court is respectfully directed to termin ate the motion pending at docket entry 23. IT IS FURTHER ORDERED THAT Plaintiff's application for appointment of pro bono counsel is denied without prejudice to renewal at a later point if additional grounds for the application are presented to the Court. Any renewed application should be accompanied by an affidavit establishing facts supporting the Hodge factors. The Clerk of the Court is respectfully directed to also terminate the motion pending at docket entry 30. IT IS FURTHER ORDERE D THAT Defendants shall file their motion for summary judgment no later than March 27, 2015. Plaintiff shall respond, if at all, no later than April 24, 2015. Defendant shall reply, if at all, no later than May 1, 2015. The parties shall submit 56. 1 statements in connection with Defendants' motion. The Court reminds Plaintiff that failure to submit responsive 56.1 statements will be deemed an admission of the facts set forth in Defendants' 56.1 statement. Local Civil Rule 56.1(c). The Court also reminds Plaintiff that he bears the burden of demonstrating exhaustion or excuse of exhaustion under the PLRA. Defendants shall serve Plaintiff with a copy of the notice required by Local Civil Rule 56.2, which Plaintiff s hould read carefully. IT IS FURTHER ORDERED THAT discovery as to Plaintiff's conditions of confinement and deliberate indifference claims remains stayed pending resolution of Defendants' motion for summary judgment. However, IT IS FURTH ER ORDERED THAT, by March 27, 2015, the parties shall submit a proposed case management plan and scheduling order as to discovery for Plaintiff's excessive force claim. (Signed by Judge Richard J. Sullivan on 2/28/2015) Copies Sent By Chambers. (mro)