Ash v. City of N.Y., No. 1:2016cv09548 - Document 52 (S.D.N.Y. 2018)

Court Description: MEMORANDUM AND OPINION re: 45 MOTION to Dismiss. filed by City of N.Y., Officer McKenzie, Lieutenant Leary. For the reasons set forth above, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss is GRANTED in part and DENIE D in part. Specifically, all of Ash's claims are dismissed except for his first false arrest claim against Defendant Leahy. IT IS FURTHER ORDERED THAT, by July 31, 2018, the parties shall submit a joint proposed case management plan that reflect s the discovery needed in this action. A template for the order is available at: http://www.nysd.uscourts.gov/judge/Sullivan. The parties shall file the proposed case management plan on the Electronic Court Filing system (ECF) and shall email a court esy copy to chambers at: sullivanNYSDchambers@nysd.uscourts.gov. IT IS FURTHER ORDERED THAT the parties shall appear for an initial conference on August 9. 2018 at 11 :30 a.m. The Court will make the necessary arrangements with the Great Meadow Correctional Facility, where Defendant currently appears to be incarcerated (see Doc. No. 51-1 at 5), to enable him to participate by telephone. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 45 and to m ail a copy of this order to Ash both at the address listed on the docket and at the following address: Damon Ash, DIN #17A3183 Great Meadow Correctional Facility, P.O. Box 51 Comstock, NY 12821-0051 However, because that is not the address reflected on the docket, Ash is reminded that it is his obligation to update his address with the Clerk's Office whenever his address changes. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/18/2018) (ne)