Williams v. City of New York

Background

During a July 13, 2023 telephone conference, the court issued instructions concerning service of process and identification of defendants named in Plaintiff’s Second Amended Complaint. The written order memorializing those instructions had inadvertently not been filed on the electronic docket. This order set out the instructions again and required the City to provide an update.

Court’s directives

The court ordered the New York City Law Department to provide the last known address for Warden Jean Rene by July 20, 2023, and to identify the newly added John and Jane Doe defendants whom Plaintiff sought to sue in the Second Amended Complaint. The Law Department was also to provide an address where each such defendant could be served. The court stated that this identification requirement did not apply to SRT Officer Vest Number 57 because of the Law Department’s prior efforts and Plaintiff’s statement that he no longer sought service of that defendant.

The court further instructed the Law Department to explain whether electronic service-waiver requests could be made for Doe defendants who were current or former Department of Correction employees or officials. For a Doe defendant who worked or had worked at a Department of Correction facility but was not a current or former employee or official, the Law Department was required to provide a residential service address.

The court requested that the remaining defendants named in the Second Amended Complaint, who had not already done so, waive service of summons. The order noted that Plaintiff had clarified the identities of Warden Cortz, identified as Warden C. Cort, CO Gaines, identified as Erica Gainous, and DW Flemming, identified as DW Ebonni Flemming. Plaintiff stated that he no longer sought service of three other defendants whom the Department of Correction had been unable to identify.

Amended complaint and deadlines

The court ordered Plaintiff to file a Third Amended Complaint by October 31, 2023, naming the remaining John and Jane Doe defendants. It reminded Plaintiff that the Third Amended Complaint would replace, rather than supplement, the earlier complaints and had to comply with Federal Rule of Civil Procedure 8, which requires a complaint to provide a concise statement supporting the claims. The deadline for served defendants to fulfill their obligations under Local Rule 33.2 was adjourned without a new date.

Because the earlier written order was not filed, the court ordered the City to file a letter by August 23, 2023 addressing three matters: Warden Jean Rene’s last known address; an update on efforts to identify the defendants listed in the second directive, including information from Plaintiff’s August 15, 2023 letter and a proposed extended deadline if needed; and whether the remaining defendants named in the Second Amended Complaint had agreed to waive service.

Disposition and significance

This was a case-management and service order. It did not grant or deny a dispositive motion and did not decide the merits of Plaintiff’s claims. Magistrate Judge Stewart D. Aaron ordered the listed procedural steps and reporting requirements.