DeMeo v. Koenigsmann et al, No. 1:2011cv07099 - Document 41 (S.D.N.Y. 2012)

Court Description: OPINION AND ORDER: it is hereby ORDERED that: 1. Plaintiff's First Amended Complaint is accepted as the operative pleading in this case. This ruling does not constitute an adjudication concerning the merits of the First Amended Complaint nor is it a determination that the First Amended Complaint states a claim; I express no opinion on these matters. 2. The Pro Se Office is directed to provide plaintiff with the papers necessary to effect service on the two newly added defendants, Frank Lanc ellotti, M.D. and Jonathan Holder, M.D. 3. Counsel for the defendants currently in the case is to advise plaintiff within thirty (30) days of the date of this Order whether he will accept service on behalf of Drs. Lancellotti and Holder. If counsel f or the existing defendants does not agree to accept service on behalf of Drs. Lancellotti and Holder, plaintiff is to return the completed service package to the Pro Se Office within forty-five (45) days of the date of this Order. 4. The time for all defendants to answer or move with respect to the First Amended Complaint is extended to sixty (60) days after service on Drs. Lancellotti and Holder is completed or counsel for the existing defendants advised that he will accept service. 5. Defendants' motion to dismiss the complaint is denied as moot. The Clerk of the Court is directed to mark Docket Item 15 as closed. (Signed by Magistrate Judge Henry B. Pitman on 9/26/2012) Copies Mailed By Chambers. (js)