Francis v. City of New York
Francis v. City of New York
Opinion of the Court
OPINION AND ORDER
I. INTRODUCTION AND BACKGROUND
Hopeton Francis has sued the City of New York, Warden Baily of the George Motchan Detention Center at Riker’s Island, two corrections officers, and a Department of Corrections investigator, alleging violations of Section 1983 of Title 42 of the United States Code. According to the Second Amended Complaint, Francis had been placed in protective custody pursuant to a court order.
Francis successfully served the City of New York and Warden Bailey with a summons and a copy of his Second Amended Complaint on July 2, 2009. Francis attempted to serve the other three named defendants but has not yet successfully done so. On July 27, the Court received a letter from an Assistant Corporation Counsel in the office of the City of New York Law Department dated July 24 on behalf of the City and Warden Bailey, requesting a sixty-day enlargement of time — until September 21, 2009 — to respond to the Second Amended Complaint.
II. APPLICABLE LAW
A. The Federal Rules and Response to a Complaint
The Federal Rules of Civil Procedure “govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”
B. The Municipal Duty to Defend Employees
Under the New York General Municipal Law,
This duty to defend employees is conditioned on “delivery to the corporation counsel ... of the original or a copy of any summons, complaint, process, notice, demand or pleading within ten days after he [or she] is served.”
III. DISCUSSION
In nearly every case brought in this Court against the City of New York, this Court receives a letter from the New York City Law Department within a few days of the City’s deadline to respond to the complaint. The letters are nearly identical. Each requests a sixty-day enlargement of time to move or answer. Each asserts that the office requires additional time to investigate the allegations prior to answering.
The City handles a tremendous amount of litigation.
Rule 12’s twenty-day response period was not set thoughtlessly.
Furthermore, the requirements of the General Municipal Law demonstrate that the City does not need additional time to wait for employees to decide whether they wish to
The case at bar is particularly egregious. The City did not bother to draft a letter until two days after its answer was due. Moreover, the Court did not receive that letter until the next Monday, five days after the City’s answer was due. This plainly reflects the City’s belief that it is entitled to an extension and that its requests will always be granted. Nor has the City reacted to the fact that this Court did not immediately grant the extension, assuming that the Court would eventually grant an extension, nunc ;pro tunc. In effect the City’s behavior demonstrates that it believes it has eighty days to respond to a complaint in every case. That is of course not the case.
Moreover, the City has had notice of Francis’s claim for over six months. Francis first filed a grievance in the facility in which he was being held.
Finally, the City does not need to determine whether it will represent Flowers, An-toinee, or Pagan at this time. None of those defendants has yet been served, nor have they requested representation from the City. There is therefore no need to investigate potential conflicts of interest before the Law Department can submit an answer or a motion to dismiss of behalf of the City and Warden Bailey. Should Francis succeed in serving the other defendants, the City will have twenty days from that point to conduct the necessary inquiry or may request an extension if needed.
There may be some cases in which the City has a specific need for an extension of time to move or answer. This is not such a case. Without particularized grounds for an enlargement of time to respond to the Complaint, there is no reason to grant the City the extension it requests.
IV. CONCLUSION
The City’s request for a sixty-day enlargement of time to respond to the Amended Complaint is hereby denied. The City has already missed its deadline to respond. Nonetheless, given this Circuit’s “preference for resolving disputes on the merits,”
SO ORDERED.
. See Second Amended Complaint (“2d Am. Complaint”) at 2, 8.
. See id. at 8, 11-15.
. See id. at 3, 12.
. See 7/24/09 Letter from Kathleen E. Naughton ("Def.Let.”), counsel for defendants, to the Court.
. Fed.R.Civ.P. 1.
. Fed.R.Civ.P. 12(a)(l)(A)(i).
. Fed.R.Civ.P. 12(a)(2).
. N.Y. Gen. Mun. L. § 50-k(2).
. Id. § 50 — k(4).
. See, e.g., Def. Let. at 1 (citing Fed.R.Civ.P. 11).
. See, e.g., id. at 2 (citing Mercurio v. City of New York, 758 F.2d 862, 864-65 (2d Cir. 1985)) (describing limitations on the City’s ability to represent employees who have violated agency rules or who are currently subject to disciplinary proceedings) (citing N.Y. Gen. Mun. Law § 50-k(2), (5)).
. See, e.g., id. (citing Dunton v. County of Suffolk, 729 F.2d 903 (2d Cir. 1984) (noting the possibility of a conflict of interest between a municipality and an individual defendant)).
. See John P. Avion, Sue City, Forbes.com, July 14, 2009, http://www.forbes.com/ 2009/07/14/ new-york-city-tort -tax-opinions-contributors-john-p-avlon.html ("New York City spends more money on lawsuits than the next five largest American cities — Los Angeles, Chicago, Houston, Phoenix and Philadelphia — combined.”).
. S.E.C. v. Collins & Aikman Corp., 256 F.R.D. 403, 414 (2009).
. See Fed.R.Civ.P. 12, 1937 Advisory Committee Note (noting the contrast with the 60-day period permitted for the federal government).
. See 2d Am. Complaint at 4.
. See id. at 4-5.
. Cf. Zeitler v. City of Rochester, 32 A.D.2d 728, 302 N.Y.S.2d 207, 208 (4th Dep’t 1969) (finding service of a notice of claim on an agent of a municipality with whom the City was "united in interest" to provide timely notice to the municipality).
. Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 95 (2d Cir. 1993).
Reference
- Full Case Name
- Hopeton FRANCIS v. CITY OF NEW YORK, Warden Bailey Officer Flowers Officer Antoinee and Investigator Pagan 10254
- Cited By
- 2 cases
- Status
- Published