Luke v. Khalid

ii Bein ELECTRONICALLY FILED aes DATE FILED:__9/16/2021___ GEORGIA M. PESTANA THE CITY OF NEW YoRK JEFFREY F. FRANK Corporation Counsel Assistant Corporation Counsel LAW DEPARTMENT Fal je Olean NEW YORI. NY. 10007 Tel: (212) 356-3541 September 16, 2021 VIA ECF The City's request is GRANTED IN PART and DENIE Honorable Stewart D. Aaron PART. The Court declines to stay this action. Hows United States District Court the Court hereby extends the deadline for Defenc Southern District of New York to respond to the Complaint until Friday, Novemb Pearl Street 2021. No later than Monday, November 15, 2021, New York, New York 10007 City shall file a letter regarding the status of the D Res Nahin Laken, CcOKinig, MEseation The Crk of Cours respect 21-CV-05137 (RA) (SDA) Plaintiff. SO ORDERED.

Y . Dated: September 16, 2021 Aor 4 a our Honor: I am an Assistant Corporation Counsel in the Office of Georgia M. Pestana, Corporation Counsel of the City of New York, an interested party in this matter. In that capacity, I write to respectfully request that the Court sua sponte (1) stay this matter until after a pending Department of Correction (“DOC”) investigation is concluded; and (2) enlarge the time for defendant Correction Officer (“CO”) Aamir Khalid to answer or otherwise respond to the complaint until thirty (30) days after the stay requested herein is lifted. This is the first request for an extension of this deadline. Because plaintiff is incarcerated and proceeding pro se, the undersigned was unable to obtain his consent to this request in an expeditious manner.

By way of background, on June 9, 2021, plaintiff pro se filed a complaint alleging, inter alia, that on May 31, 2021, defendant Officer Khalid “plucked” plaintiff in the eye as plaintiff was retrieving a bottle of water. (Docket Entry No. 2) On June 20, 2021, the Court issued an Order of Service requesting that defendant CO Khalid waive service of the summons and complaint. (Docket Entry No. 6) On July 20, 2021, the DOC filed a waiver of service on behalf of CO Khalid. (Docket Entry No. 8) Accordingly, the time for defendant CO Khalid to answer or otherwise respond to the complaint expires sixty (60) days after the waiver of service was filed: on September 20, 2021. See Fed. R. Civ. P. 4(d)(3).

This Office recently became aware of a pending DOC investigation that may be related to plaintiff's allegations against CO Khalid and which, consequently, may impact the representation determination that this Office must make pursuant to New York General Municipal Law § 50-k. As Your Honor is aware, pursuant to New York General Municipal Law § 50-k, this Office must investigate and determine whether it may assume legal representation of CO Khalid before we may seek relief or respond to the complaint on his behalf. See Mercurio v. City of New_York, 758 F.2d 862, 864-65 (2d Cir. 1985); Williams v. City of New York, 64 N.Y.2d 800, 486 N.Y.S.2d 918 (1985) (holding that the decision as to whether to represent individual defendants is made by the Corporation Counsel as set forth in state law).

Accordingly, without appearing for or making any representations on behalf of defendant CO Khalid, this Office respectfully requests that the Court sua sponte (1) stay this matter until after the pending DOC investigation is concluded; and (2) enlarge the time for defendant Officer Khalid to answer or otherwise respond to the complaint until thirty (30) days after the stay is lifted. Upon learning from DOC that the investigation is concluded, the undersigned will promptly notify the Court.

Thank you for your consideration herein.

Respectfully submitted, Jeffrey F. Frank Assistant Corporation Counsel Special Federal Litigation Division ce: VIA FIRST CLASS MAIL Luke Najhim Plaintiff Pro Se NYSID: 12445423Z B&C: 2412001108 North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370 -2-