Febrianti v. NYC Health & Hospitals

Background

Erica Febrianti submitted two letters dated January 10, 2025. In one, she stated that she had changed her position about adding the New York City Police Department as a defendant and wanted to proceed with her amended complaint. In the other, she addressed consent to magistrate-judge involvement, summary judgment, and statements made during a January 10 conference.

The court noted that both ECF No. 65 and ECF No. 67 were filed under the title “Amended Complaint,” but ruled that ECF No. 65 was the operative pleading because it was more complete.

Court’s Rulings

The court reinstated Plaintiff’s amended complaint. It stated that it would separately issue an order of service allowing Plaintiff to serve the newly added defendant through the U.S. Marshals Service.

The court indefinitely postponed NYC Health & Hospitals’ deadline to respond to the amended complaint. It also indefinitely postponed the discovery deadlines from the January 10, 2025 order, including the deadline to complete fact discovery. The court will set a new schedule after the newly added defendant has been served and has appeared in the case.

The court explained that a magistrate judge may handle certain pretrial matters without the parties’ consent and may submit proposed findings and recommendations on certain dispositive motions. The court also clarified that it did not intend to prohibit Plaintiff from filing a summary-judgment motion at the appropriate time. Both Plaintiff and Defendants may file motions under the Federal Rules of Civil Procedure and the court’s rules. The court noted that summary-judgment motions are discouraged in non-jury cases under District Judge Rochon’s individual rule and encouraged Plaintiff to contact the Pro Se Clinic.

Finally, the court stated that part of the January 10 conference was off the record for settlement discussions, while the remainder was recorded and therefore was on the record even though there was no court reporter.

Effect of the Order

This was a procedural order. It did not decide the merits of Febrianti’s claims against NYC Health & Hospitals or the newly added defendant. It reinstated the operative complaint, postponed the case schedule, and clarified the court’s procedures.