Wilson et al v. Pasquale's Damarino's, Inc. et al

Filing 428

ORDER granting 427 Motion for Extension of Time to File. Granted. The Cheeks submission shall be due on May 28, 2020. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/16/2020) (mml)

Case 1:10-cv-02709-PGG-RWL Document 427 Filed 04/16/20 Page 1 of 1
428
04/15/20

ROBERT WISNIEWSKI P.C.
ATTORNEYS-AT-LAW

40 WALL STREET, SUITE 2833• NEW YORK, NY 10005

TEL: [phone] • FAX: [phone]
WEBSITE: www.rwapc.com

4/16/2020
April 15, 2020
Hon. Robert W. Lehrburger, USMJ
United States District Court
Southern District of New York
500 Pearl Street, Room 1960
VIA ECF
Re:

Wilson et. al. v. Pasquale DaMarino et. al.
SDNY Docket No.: 10-cv-2709(PGG)(RWL)

Dear Judge Lehrburger,
I represent Plaintiffs in the above-captioned matter. Please accept this letter as a status
report and, for the reasons that follow, the parties’ joint request to extend the time to file a
motion for Cheeks review by the end of May, 2020. This is the second request of this sort, the
previous request having been granted by Your Honor on March 10, 2020. There is no prejudice
to any party.
First and foremost, please be kind enough to excuse the late filing of the instant motion.
Because of the onset of the pestilence, counsel have had difficulty communicating with each
other since mid-March. I learned today from counsel for Defendants Rossi and Montesarchio that
somehow I had missed his email from more than a week ago. At present, we are very close to
resolving minor textual issues in the settlement agreement documents. Finally, we are still in the
process of executing a consent to Your Honor’s jurisdiction.
Because of the need to finalize the settlement agreement documents, and the logistical
difficulties occasioned by the stay-at-home restrictions as well as the fact that one of the
plaintiffs is presently stuck outside of the United States, counsel for the parties believe that the
end of May is a realistic date for the parties to complete this case.
Given these developments, counsel for the parties believe that they will be able to file the
Cheeks motion by the end of May, 2020.
Respectfully submitted,

Granted. The Cheeks submission
shall be due on May 28, 2020.

4/16/2020

/s/Robert Wisniewski
Robert Wisniewski