Harris v. The City of New York

Background

The plaintiffs filed a letter on January 5, 2024, asking for permission to amend their complaint under Rule 15 of the Federal Rules of Civil Procedure. They also asked that the case be reassigned to Judge Vyskocil because they considered it related to Buari v. City of New York et al., No. 18-cv-12299. The City of New York opposed both requests in a letter filed January 16, 2024.

Amendment Request

The court denied the plaintiffs’ request to amend the complaint to the extent they sought to assert claims on behalf of the Harris Brothers. The court stated that, if the plaintiffs sought to assert claims on behalf of themselves, they had to submit a second letter by February 12, 2024, explaining the nature of those claims.

Reassignment Request and Warning

The court denied the request to reassign the case to Judge Vyskocil as related to Buari under Rule 13 of the Southern District of New York’s rules governing the assignment of cases. The court explained that Buari was closed, so reassignment was not needed to avoid inconsistent orders or substantial duplication of work and expense.

The court warned that failure to comply with the order would result in dismissal under Federal Rule of Civil Procedure 41(b). The clerk was directed to mail a copy of the order to the plaintiffs at their last known address. Judge Vernon S. Broderick signed the order.