The opinion
DANTE EDOARDO DALY
300 Crandon Terrace
Baldwinsville, New York 13207
Phone: 696-683-5165 The Court construes Plaintiff's request for a pre-motion
conference in advance of his motion to amend the Second
Amended Complaint as his motion to amend and denies
A same based upon consideration of Plaintiffs request (Doc.
P 92), the proposed Third Amended Complaint (Doc. 99), and
PHILIP M. HALPERN, Defendant's opposition (Doc. 107). See In re Best
United States District Judge Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011)
c/o Pro Se Office (upholding construction of pre-motion letter as motion).
Room 200 In sum, Plaintiff seeks leave to amend his pleading in order
40 Foley Square to provide additional evidence in support of his position and
Southern District of New York to "clarify" his claims. Under Federal Rule of Civil Procedure
New York, New York 10007 15(a)(2), "[t]he court should freely give leave [to amend a
pleading] when justice so requires." Upon due consideration
. of the circumstances herein, justice does not require
Re: 19-CV-04642 (PMH) United States U granting Plaintiff leave to file a Third Amended Complaint.
The Second Amended Complaint remains the operative
Your Honor Judge Halpern: pleading in this action.
Thi ication i dei |To the extent that Plaintiff wishes to support the claims for
Is Communication Is Made IN FESPONSE elief that survived Defendant's motion to dismiss with
additional evidence, he will have the opportunity to provide
denying my Motion to Supplement my S4that evidence on a motion for summary judgment or at trial.
2021. As a result, | find it necessary to Clerk of the Court is respectfully directed to terminate
the motion sequence pending at Doc. 107.
Court's Individual Practices Rule 2(C). log orperep.
The pertinent facts are as follows: (
1. | timely filed my original complaintPhilip M. Halpern
United States District Judge
Amended Complaint on February 11, 20 Dated: White Plains, New York
, April 26, 2021
2. Defendant's Answer to my Compla Was TOME OU EUIUATy TY, ZUZT, JU
over one year later and less than two (2) months ago.
3. In the six weeks since receiving Defendant's Answer | have recognized various
issues that should be clarified for the Court and addressed directly in a Reply to
Defendant's Answer. My Supplement was an attempt to accomplish both tasks in a
single pleading for judicial economy and clarity for the Court.
4. Since the Court wishes to require another Amended Complaint on my part, | will
accede to the Court’s wishes and file separate documents that were parts of the
rejected pleading: an Amended Complaint which I have entitled Third Amended
Complaint for clarity going forward, and a Reply to Defendant’s Answer to my previously
filed complaints.
5. In the year since my Second Amended Complaint was filed, I have been able to
locate pertinent information on salaries paid to Defendant’s employees during the period
I was employed by Defendant and thereafter that substantiate the allegations that
Defendant was facing potential lawsuits based on gender pay discrimination; evaluate
Defendant’s Affirmative Defenses included in Defendant’s Answer recently received that
bear on various parts of my complaints, current allegations and applicable previous
observations; and obtain appropriate supporting and evidentiary materials that should
be exhibits to my Complaint.
6. Further, I feel it is necessary to clarify the statutory foundations of my lawsuit
within my Complaint to assure all participants understand the significant differences
between the Americans with Disabilities Act of 1999 and the successive Amendments
Act of 2008 and the Congressional spirit and intent of both laws and their application to
the facts of my case.
7. Finally, evidence from the Social Security Administration received in February
2020, and other evidence received from other individuals and entities after the filing of
the instant litigation should be included in the filing of my Complaint.
8. In submitting the Supplement, I attempted to clarify my stated claims, provide a
detailed factual recounting of the actions and events that resulted in this action, and
present currently available existing, pre-discovery credible, admissible evidence to
focus all participants’ attentions to the completion of the litigation and simplify the
requirements for bringing the litigation to final judgment in this Court.
9. My goals will remain the same if the Court grants my Motion for Leave to File an
Amended Complaint, a copy of which is attached to this letter.
10. I will be happy to provide any additional information requested by the Court to
support this request.
Sincerely yours,
__________________________
Dante E. Daly
CC via ECF:
Irma Cosgriff (IC 1320)
Associate County Attorney, of Counsel
600 Michaelian Office Building
148 Martine Avenue
White Plains, New York 10601