Alexander et al v. Cahill et al

Filing 37

Letter Motion from Bridget E. Holohan for Gary L. Casella, Rita E. Adler, Mark S. Ochs, Anthony J. Gigliotti, Daniel A. Drake, Vincent L. Scarsella, Thomas J. Cahill, Diana Maxfield Kearse requesting that defendants' motion for summary judgment be considered as defendants' response to plaintiffs' motion for summary judgment as well submitted to Judge Scullin. (Holohan, Bridget)

Alexander et al v. Cahill et al

Doc. 37

Case 5:07-cv-00117-FJS-GHL

Document 37

Filed 05/29/2007

Page 1 of 1

STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL
ANDREW M. CUOMO Attorney General STATE COUNSEL DIVISION Litigation Bureau

Writer Direct: [phone] May 29, 2007 Honorable Frederick J. Scullin United States District Judge United States District Court Northern District of New York Syracuse, NY 13261-7255 Re: Alexander v. Cahill et al 07-CV-117 (FJS)(GHL)

Dear Judge Scullin: Due to the departure of AAG Nelson Sheingold, the above-referenced action was re-assigned to me. Based upon conflicting entries in the docket, I mistakenly thought that a response to plaintiffs' motion for summary judgment was due on June 6, 2007, based upon Docket No. 19. When I received plaintiffs' response to defendants' motion for summary judgment on Friday, May 25, 2007, I discovered the Magistrate Judge had set the briefing schedule on April 19, 2007, which set a response deadline of May 25, 2007. I have conferred with opposing counsel and respectfully request that the Court accept defendants' motion for summary judgment as defendants' opposition to plaintiffs' motion for summary judgment. Defendants will submit a reply on June 1, 2007, to plaintiffs' opposition to defendants' motion for summary judgment. Counsel for plaintiffs consents to this request, but reserves the right to submit a reply by June 9, 2007, in the event defendants' reply raises new issues not previously addressed. I apologize for any inconvenience to the Court and plaintiffs. Thank you for your consideration of this matter. Respectfully yours, Bridget E. Holohan Assistant Attorney General Bar Roll No. 510911 [e-mail]

s/ Bridget E. Holohan

cc:

Gregory Beck, Esq. Via ECF

The Capitol, Albany, NY 12224-0341 [phone] Fax [phone] * NOT FOR SERVICE OF PAPERS

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