Schoolcraft v. The City Of New York et al

Filing 138

ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3/14/2013 re: Request that the motion (see Dkt. #133) be placed on the Court's calendar for 4/3/2013 and that plaintiff be permitted to file a response by 3/27/2013. ENDORSEMENT: So Ordered. ( Response due by 3/27/2013) (Signed by Judge Robert W. Sweet on 3/15/2013) (cd)

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Mar 15 2013 12:40AM HP LASERJET FAX ---<--- ­ p. 1 LAW OFFICII O'P NATHANIEL B. SMJ:TH ATTOaNZY AT L.A.W Ul BBOADWAT ~W YO:tl::It. NlC'W YOKE lOOOe TilL: (2Ual) 21il7·?Oeli FAX, 121lil 04e·4.4!IO" March 14,2013 Honorable Robert W. Sweet United States District Judge Southern District of New York 500 Pearl Street New York, New York 1007 JUDGE: JERS Schoolcraft v. The City ofNew Yo,.k, et ai., JO-cv-6005 (RWS) Dear Judge Sweet: As one of the attorneys for the plaintiff in the above-referenced action, I am writing to the Court to request additional time in which to file papers in response to the March 1,2013 letter by Suzanna Publicker, counsel for the City of New York. Based on the Court's March 8, 2013 Order, the letter was treated as a motion to be heard on Wednesday April 3,2013. (See Dkt. # 133.) In addition, based on a March 13,2013 endorsement by the Court, the letter was also to be treated as a motion returnable March 20, 2013. (See Dkt. # 134.) I am writing to request that the motion be heard on April 3, 2013 and that plaintiffbe granted leave to file a response by March 27, 2013. This is the first request for this relief and the reason for the request is that I have only within the past three weeks become involved in this action as lead counsel and the action has a substantial record. Counsel for the City has informed me that she does not take a Mar 15 2013 12:40AM p.2 HP LASERJET FAX 2 LAW OP'JI'lCE OF NATIlANIEL B. SMITH position on this request. Counsel for the hospital defendant has informed me that he would not have had any dbj ection but believes that the request in lnoot. Both counsel for the two doctor defendants have infonned me that they have no objection to my request. I have not heard any response to my request from counsel for Defendant Mauriello. Under these circumstances, I request that the motion be placed on the Court's calendar for April 3,.2013 and that plaintiff be permitted to file a response by Marchl7, 2013. Respectfully submitted, ~J?f Nathaniel B. Smith Via Telecopier 212~805-7925 cc by email to: All Counsel

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