Judge Arthur Spatt
Eberle sued the town of Southampton, its police department and individual officers based on an Aug. 3, 2011, incident while in Southampton Town Police custody. In addition to state law-based claims, Eberle asserted deprivation of federal constitutional rights under 42 USC §1983. A magistrate judge set Aug. 9, 2013, as the deadline to amend pleadings. Due to a clerical error, Eberle’s counsel mistakenly stated the deadline as Aug. 29, 2013. Eberle’ Aug. 20 letter motion sought to substitute detective Stabile for detective Miller. Defendants opposed his formal motion under Federal Rule of Civil Procedure 15 as untimely given the previously imposed deadline. The court found Eberle established “good cause” under rules 15 and 16(b)(4) to substitute Stabile for Miller, observing that Eberle’s procedurally proper Sept. 4, 2013, motion was filed five days before the scheduled discovery cut-off date. It permitted his §1983 claims against Stabile to proceed. However, Eberle’s state law claims were time barred as accruing before the one year and 90 days set out by General Municipal Law §50-i. Among other things, Eberle failed to plead that he timely served Stabile with the notice of claim required by §50-e.
