K.S. v. City of New York

Background

The court held a conference on November 17, 2022, concerning the plaintiffs’ request to file a second amended complaint and to issue two subpoenas to nonparties. The plaintiffs are K.S., on behalf of herself and her minor child, D.S. The defendants include the City of New York, several service organizations, child-services officials and employees, education officials, and other named individuals and entities listed in the caption.

Rulings

The court granted the plaintiffs leave to file a second amended complaint by January 9, 2023. It found no undue delay, bad faith, or dilatory motive, and found that the defendants would not be unduly prejudiced by the minor delay needed for the plaintiffs to review additional records.

The court also granted the plaintiffs’ request under Federal Rule of Civil Procedure 45 for a subpoena seeking documents concerning D.S. from Safe Horizon, Inc. The court denied without prejudice the request for a subpoena seeking documents from The Brooklyn Hospital Center. The plaintiffs were directed to meet and confer with the hospital and confirm that it possessed the relevant records.

Schedule and Effect

Because the plaintiffs were allowed to amend their complaint, the court adopted the parties’ proposed briefing schedule. The second amended complaint was due by January 9, 2023. Any defendant wishing to file a motion to dismiss or an answer had to do so by February 9, 2023. A response to a motion to dismiss was due by March 9, 2023, and a reply was due by March 23, 2023.

Judge Paul A. Crotty entered these case-management and discovery rulings. The order did not decide the underlying claims’ merits.