Barnett v. Diaz et al, No. 7:2019cv00415 - Document 110 (S.D.N.Y. 2019)

Court Description: ORDER denying as moot 59 Motion for Discovery; denying as moot 59 Motion for More Definite Statement; denying without prejudice to renewal by formal motion 65 Motion for Summary Judgment; denying 89 Motion to Amend/Correct ; denying with out prejudice to renewal by formal motion 104 Application for the Court to Request Counsel; denying without prejudice to renewal by formal motion 108 Motion for Summary Judgment; denying without prejudice to renewal by formal motion 109 Appl ication for the Court to Request Counsel. For the foregoing reasons, Plaintiff's various motions are DENIED. First, Plaintiff's motion to amend his complaint is DENIED, partially with prejudice and partially without. The Second Amended Co mplaint remains the operative complaint in this case. Second, Plaintiff's motion for pro bono counsel is denied without prejudice to renew at a later date. Third, in light of the lack of discovery in this case, Plaintiff's motion for sum mary judgment is DENIED without prejudice to renew at an appropriate juncture. Finally, as this case will soon proceed to discovery, Plaintiff's motion for "Discovery of a More Definite Statement" is DENIED as moot. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 59, 65, 89, 104, 108, and 109. The Clerk is also directed to mail a copy of this Order to Plaintiff at the address listed on ECF and to file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 11/26/2019) (rj) Transmission to Docket Assistant Clerk for processing.

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Barnett v. Diaz et al Doc. 110 Dockets.Justia.com motions for summary judgment without prejudice. Similarly, Plaintiff's motion for "Discovery of a More Definite Statement" is denied as moot because the case will soon proceed to discovery. 4 CONCLUSION For the foregoing reasons, Plaintiff's various motions are DENIED. First, Plaintiff's motion to amend his complaint is DENIED, partially with prejudice and partially without. The Second Amended Complaint remains the operative complaint in this case. Second, Plaintiff's motion for pro bono counsel is denied without prejudice to renew at a later date. Third, in light of the lack of discovery in this case, Plaintiff's motion for summary judgment is DENIED without prejudice to renew at an appropriate juncture. Finally, as this case will soon proceed to discovery, Plaintiff's motion for "Discovery of a More Definite Statement" is DENIED as moot. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 59, 65, 89, 104, 108, and 109. The Clerk is also directed to mail a copy of this Order to Plaintiff at the address listed on ECF and to file proof of service on the docket. 2, 2019 Dated: November White Plains, New York SO ORDERED: NELSON s. ROMAN United States District Judge 4 Plaintiff has filed numerous letters and requests seeking discovery-related items, or posing discovery-related questions, from Defendants. (See, e.g., ECF Nos. 91, 93, 94, 102.) Once this case proceeds to discovery, Plaintiff will have an opportunity to make and/or renew his discovery requests to Defendants. 8

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