Bolanos v. City of New York
- Laura Swain
- 1:24-cv-01011
- U.S. District Court · Southern District of New York
- 2
In Bolanos v. City of New York, Judge Swain granted a request to pause discovery and postpone the case-management deadline while dismissal motions remain pending.
Joseph Bolanos, the federal defendants, and the City of New York. Discovery is paused, the case-management-plan deadline has been postponed without a new date, and the defendants’ pending motions remain under consideration.
What happened
In Joseph Bolanos v. The City of New York, the federal defendants and the City jointly asked the court to postpone the deadline for a joint case-management plan and pause discovery. They said two motions seeking to end the claims were pending, and Bolanos had not opposed either motion.
The court granted that request. It postponed the case-management-plan deadline without setting a new date and paused discovery until the court issues further orders.
Judge Swain also stated that the federal defendants’ and the City’s motions remain under consideration and will be treated as fully briefed under an earlier order because Bolanos did not oppose them. The order resolved docket entry 44.
The detailed version
- Bolanos v. City of New York · No. 1:24-cv-01011
- Laura Swain
- Dec. 16, 2024
Background
Joseph Bolanos brought claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics and 42 U.S.C. § 1983 against Special Agent Nathan Rudnick, Task Force Officer Sean Quealy, and the City of New York. The federal defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which addresses whether a complaint states a legally sufficient claim. The City moved for judgment on the pleadings under Rule 12(c), which allows a court to decide a case based on the pleadings after they are closed. Bolanos did not file an opposition to either motion, despite extensions and reminders described in the order.
The parties’ deadline to submit a joint letter and proposed case-management plan was December 20, 2024. The federal defendants and the City asked the court to postpone that deadline and stay discovery under Rule 26(c), which permits a court to pause discovery for good cause. They argued that the pending dispositive motions, the short expected duration of the stay, and the absence of prejudice to Bolanos supported the request.
Ruling
The court granted the request. The deadline for the joint proposed case-management plan was adjourned without a new date, and discovery was stayed pending further orders of the court. Judge Laura Taylor Swain also stated that the defendants’ motions remain under consideration and will be considered fully briefed because of Bolanos’s failure to oppose them, pursuant to Judge Broderick’s December 3, 2024 order. The court stated that this resolved docket entry 44. The order did not decide the pending motions to dismiss or the City’s motion for judgment on the pleadings.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.