Thawney v. City Of New York , et al, No. 1:2017cv01881 - Document 56 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 45 MOTION to Dismiss the First Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Nacirema Summers, Joseph Ponte, Bianery Garcia, City of New York, 51 MOTION t o Dismiss the Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Nacirema Summers, Joseph Ponte, Bianery Garcia, City of New York. For the reasons stated above, the Court denies defend ants' motion to dismiss Thawney's first, second, fourth, fifth, and sixth causes of action; and grants defendants' motion to dismiss claim three, which alleges municipal liability under Monell. The Clerk of Court is respectfully dire cted to remove Commissioner Ponte from the caption of this case and to terminate the motions pending at docket numbers 45 and 51. Within one week of this decision, the parties are directed to submit a revised case management plan to govern discovery, consistent with the Court's individual rules. SO ORDERED. (Joseph Ponte (Department of Correction Commissioner) terminated.) (Signed by Judge Paul A. Engelmayer on 10/11/2018) (anc)