United States District Court, E.D. New York
ANGELA S. BIANCO, Plaintiffs,
COUNTY OF NASSAU, NASSAU COUNTY POLICE DEPARTMENT, DETECTIVE GENNARO DESTEFANO, LIEUTENANT VINCENT G. BODEN, NASSAU COUNTY POLICE DEPARTMENT JOHN AND JANE DOES 1-10 Defendants.
Y. SHIELDS United States Magistrate Judge.
before the Court is a letter by Plaintiff in response to this
Court's Order dated May 8, 2017 (the “May 8
Order”). Docket Entry (“DE”) 34. Plaintiff
has categorized the letter as a reply to Defendant's
opposition to her letter motion for discovery. As this Court
had already denied the motion, the Court construes
Plaintiff's letter as a motion seeking reconsideration of
the Court's May 8 Order. For the reasons set forth below,
the motion is denied.
The Parties and Plaintiff's Claims
Angela S. Bianco (“Plaintiff”) commenced this
action on January 27, 2016, asserting claims pursuant to 42
U.S.C. §§ 1983 and 1988, the Fourth, and Fourteenth
Amendments to the United States Constitution, Due Process,
and the Constitution and laws of the State of New York. DE 1.
Named as Defendants are the County of Nassau, (“Nassau
County”), the Nassau County Police Department,
Detective Gennaro DeStefano, Lieutenant Vincent G. Boden, and
John and Jane Does 1-10. DE 1. Plaintiff claims, inter
alia, that she was falsely arrested and imprisoned. DE
Proceedings While Plaintiff Was Represented by
initial conference was held before the District Court on
March 31, 2016. At that conference the District Court
scheduled a settlement conference for May 10, 2016. DE 12.
After holding that conference, the District court scheduled a
second settlement conference for June 15, 2016, and a third
such conference for July 20, 2016. DE 13; 14. When the case
did not settle the case was referred to this Court to enter a
Court held an initial discovery conference on August 24,
2016. In an order dated August 24, 2016, this Court entered a
detailed discovery schedule directing, inter alia,
that Plaintiff provide information as to her damages claims,
and that the depositions of the Plaintiff and the two
arresting officers be taken by October 24, 2016. DE 18.
Counsel were direct to submit a joint status letter to this
Court on October 31, 2016. Id. In a letter dated
October 21, 2016, counsel for both parties requested to
extend the time for the taking of the aforementioned
depositions to November 11, 2016 and to end the time to
submit a status letter to November 25, 2016. DE 20. This
Court granted that request in an order dated October 26,
2016. See Electronic Order dated October 26, 2016.
That order also extended the time in which to file a joint
status letter to November 25, 2016. Id.
Proceedings Following Withdrawal of Plaintiff's
November 4, 2016, Plaintiff's counsel moved to withdraw
from his representation of Plaintiff. DE 21. The District
Court granted the motion, and stayed discovery for a period
of thirty days in which to give Plaintiff an opportunity to
obtain new counsel. See Order dated November 14,
2017. On December 9, 2017, Plaintiff requested an additional
sixty days in which “to either remove [herself] form
the lawsuit or attain a new attorney.” DE 22. On
February 16, 2017, the District Court scheduled an in-person
status conference for February 23, 2017. See
Scheduling Order dated February 16, 2017. In a fax sent from
Plaintiff to this Court's pro se office on that
same date, Plaintiff asked that her contact information be
updated to reflect her address, telephone number and email
address. DE 23.
District Court held the scheduled status conference on
February 23, 2017, at which time it scheduled a further
conference for May 23, 2016. See Minute Order dated
February 23, 2017, DE 25. That Court informed Plaintiff that
if she was going to be represented, counsel must appear at
the May conference. On March 20, 2017, Plaintiff filed a
request for an extension of time to the discovery plan and/or
a status conference. DE 26. On March 23, 2017, the District
Court held a status conference, at which time it was
determined that Plaintiff will be proceeding pro se.
DE 27. The Court further referred discovery to this Court.
Id. On that same date, this Court issued an order
scheduling in person discovery conference on April 26, 2017.
See Electronic Order dated Mach 23, 2017.
April 26, 2017, this Court held a status conference. DE 31.
During the conference, this Court advised Plaintiff that she
must familiarize herself with the Federal and Local Rules.
The Court further directed Plaintiff to inform Defendant if
she is claiming medical damages, and if so, to provide
Defendant with appropriate authorizations by May 3, 2017.
Defendant was informed that by May 3, 2017, it must email
names of all officers who were at Plaintiff's house when
she was arrested. During the conference, the parties
conferred and presented this Court with a proposed discovery
schedule, which was so ordered. DE 30. That schedule outlines
the dates when all phases of discovery must be complete.
Specifically, and relevant to the Plaintiff's motion, the
schedule sets the date for completion of initial ...