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Rickey Lynch, Jerry Finch, Jr., Damien R. Small, Leroy C. Jones v. Vincent F. Demarco

October 7, 2011

RICKEY LYNCH, JERRY FINCH, JR., DAMIEN R. SMALL, LEROY C. JONES, CHARLES WHIDBEE, THEODORE DAVIS, MACK BUTLER, EDDIE M. SIMS, DALLAS JOHNSON, CHRISTOPHER SYDNOR, DONDI W. JACKSON, FELIPE ROVELO, ROBERT BERNHARD, ADAM WILLIAMS, JOSEPH POTTER, JR., DONALD BANGS, EDWARD KEYES, JASON COOPER, KEVIN M. MASSEY, DARRYL ISAAC,
CALVIN FELDER, ANDREW ZEIGLER, CHESTER INGRAM, DONNELL STENGLE, KEVIN KING, HOWARD DAVIS, AND THOMAS HARPER, PLAINTIFFS, -
v.
VINCENT F. DEMARCO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SHERIFF OF SUFFOLK COUNTY,
JOHN DOE AND JANE DOE, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITY AS SUPERINTENDENT OF SUFFOLK COUNTY, DEFENDANTS.



The opinion of the court was delivered by: Seybert, District Judge:

MEMORANDUM & ORDER

This Memorandum and Order addresses the following four issues: (1) Plaintiffs' motion for joinder (Docket Entry 67), dated June 30, 2011; (2) Plaintiffs' "Supplemental Amended Complaint," (Docket Entry 155), dated July 27, 2011; (3) the Court's Order (Docket Entry 152), dated July 29, 2011, ordering all Plaintiffs to sign the Amended Complaint; and (4) four motions for reconsideration (Docket Entries 191-94), filed on August 9, 2011. The Court will briefly discuss this case's convoluted procedural history before turning to the merits of the pending requests.

BACKGROUND

On May 27, 2011, Rickey Lynch, an inmate at the Suffolk County Correctional Facility ("SCCF"), commenced this action under 42 U.S.C. § 1983 on behalf of himself, nineteen other Plaintiffs incarcerated at the SCCF,*fn1 and all others similarly situated. (Docket Entry 1.) On June 17, 2011, Rickey Lynch filed an Amended Complaint, naming seven additional Plaintiffs incarcerated at the SCCF*fn2 and seeking class certification. (Docket Entry 49.) Only Rickey Lynch signed the Amended Complaint. On June 23, 2011, the Court denied the request for class certification and granted in forma pauperis status to all Plaintiffs named in the Amended Complaint. (Docket Entry 62.) The Court hereafter refers to all individuals named as Plaintiffs in the Amended Complaint as the "Current Plaintiffs."

On June 30, 2011, Rickey Lynch filed a motion to join four additional Plaintiffs ("Joinder Plaintiffs").*fn3 (Docket Entry 67.) Each of the Joinder Plaintiffs signed the motion, but none signed a copy of the Amended Complaint.

On July 26, 2011, Defendants moved to dismiss the claims of all Current Plaintiffs who (1) failed to keep their addresses current and (2) failed to sign the Amended Complaint. (Docket Entry 145.) On July 29, 2011, the Court denied Defendants' motion to dismiss, but ordered the Current Plaintiffs to file a signed copy of the Amended Complaint by August 30, 2011. (Docket Entry 152.) On August 30, 2011, the deadline for filing a signed copy of the Amended Complaint was extended to September 30, 2011. (Docket Entry 217.)

I. Motion for Joinder

Pursuant to Rule 15(a)(2) of the Federal Rules of

Civil Procedure, "[a] court should freely give leave [to amend] when justice so requires." "A district court has discretion to deny leave for good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party." McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007).

The Court notes that Defendants do not oppose the motion. Thus, seeing no good reason to deny leave in this case, the Court GRANTS Plaintiffs' motion for joinder. The Joinder Plaintiffs are hereby ORDERED to file a signed copy of the Amended Complaint, filed by Rickey Lynch on June 17, 2011 (Docket No. 49), by November 18, 2011.

The Court will not provide copies of the Amended Complaint to the Joinder Plaintiffs to sign, as the Court cannot act as an intermediary between the parties. They must either coordinate with the Current Plaintiffs to obtain a copy of the Amended Complaint or request a copy by sending a letter to the Central Islip Pro Se Office, United States District Court, Eastern District of New York, PO Box 9014, Central Islip, New York 11722. The letter must include the case number (11-CV-2602), a request for the Amended Complaint at Docket Entry 49, and a check for $4.50.*fn4

Upon receipt of an Amended Complaint with each of the Joinder Plaintiffs' signatures, the Court will direct the Clerk of the Court to add Daryl Miller, Dewayne Butler, Keith King and Ray Kelly as Plaintiffs in this matter. If any of the Joinder Plaintiffs fails to file a signed copy of the Amended Complaint by November 18, 2011, they will not be added as a Plaintiff in this matter.

II. "Supplemental Amended Complaint"

On July 27, 2011, Rickey Lynch filed a ...


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