Schoolcraft v. The City Of New York et al

Filing 667

LETTER MOTION for Leave to File Surreply in Opposition to Plaintiff's Motions for Reconsideration of the Court's Fee Award addressed to Judge Robert W. Sweet from Alan H. Scheiner dated November 9, 2016. Document filed by The City Of New York.(Scheiner, Alan)

ZACHARY W. CARTER
Corporation Counsel

THE CITY OF NEW YORK

ALAN H. SCHEINER
Senior Counsel
phone: [phone]
fax: [phone]
[e-mail]

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

November 9, 2016
BY ECF
Honorable Robert W. Sweet
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007

Re: Schoolcraft v. City of New York, 10-CV-6005 (RWS)
Your Honor:
I am a Senior Counsel in the office of Zachary W. Carter, Corporation Counsel of the
City of New York, representing the motion respondent City of New York (the “City”), in
connection with the above-captioned matter.
I to respectfully request permission for the City to file a surreply of no more than 8 pages
to the plaintiffs’ Reply submissions of October 28, 2016, totaling 22 pages of argument, on
plaintiff’s motions for reconsideration of the Court’s fee award. The surreply is requested
because plaintiff continues to make new factual and legal arguments, in briefing that exceeds the
page limit allowed by the Court’s Individual Practices, and it appears that the Court is not
holding oral argument on this motion. Should the Court intend to consider plaintiff’s arguments,
the City respectfully requests the opportunity to respond, including with respect to plaintiff’s
additional factual allegations concerning the City’s summaries of hourly information.
The City proposes to submit the requested surreply within four business days of the Court
granting this application.

Sweet, J.
November 9, 2016
Page 2

We thank the Court for its consideration of this matter.
Respectfully submitted,
/s/
Alan H. Scheiner
Senior Counsel
Special Federal Litigation Division
cc: All counsel by ECF