Nicholas v. Bratton et al, No. 1:2015cv09592 - Document 237 (S.D.N.Y. 2019)
Court Description: OPINION AND ORDER: In connection with discovery for Plaintiff's Monell claims, the parties shall adhere to the following discovery schedule: The deadline for the close of fact discovery on Plaintiff's Monell claims shall be December 10, 2 019. The deadline for the close of expert discovery on Plaintiff's Monell claims shall be February 10, 2020. Counsel for the parties shall appear before the Court for a pretrial conference to be held on January 9, 2020, at 11:00 a.m. SO ORDERED. (Expert Discovery due by 2/10/2020. Fact Discovery due by 12/10/2019. Initial Conference set for 1/9/2020 at 11:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 6/10/2019) (ne)
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Nicholas v. Bratton et al Doc. 237 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JASON B. NICHOLAS, Plaintiff, -v- 15-CV-9592 (JPO) OPINION AND ORDER WILLIAM BRATTON, Police Commissioner, New York City Police Department, et al., Defendants. J. PAUL OETKEN, District Judge: Before the Court are the parties’ competing proposals with respect to further proceedings in this matter. (Dkt. No. 236.) Having considered the parties’ positions, the Court adopts Plaintiff’s proposal that the parties proceed with discovery on Plaintiff’s Monell claims at this time. With respect to the parties’ disagreement over whether Plaintiff’s prior-restraint claim remains live in this action (Dkt. No. 236 at 1–2 n.2 & 9 n.10), the Court agrees with Plaintiff that this claim remains live because it was adequately pleaded (see Dkt. No. 233 at 4–8) and because no party presented arguments sufficient to warrant disposing of Plaintiff’s prior-restraint claim as a matter of law at the summary judgment stage (see Dkt. No. 233 at 8–14). In connection with discovery for Plaintiff’s Monell claims, the parties shall adhere to the following discovery schedule: • The deadline for the close of fact discovery on Plaintiff’s Monell claims shall be December 10, 2019. • The deadline for the close of expert discovery on Plaintiff’s Monell claims shall be February 10, 2020. Dockets.Justia.com • Counsel for the parties shall appear before the Court for a pretrial conference to be held on January 9, 2020, at 11:00 a.m. SO ORDERED. Dated: June 10, 2019 New York, New York ____________________________________ J. PAUL OETKEN United States District Judge 2
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