Dunham v. City of New York et al

Filing 166

ORDER granting 165 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/16/2020) (va)

Case 1:11-cv-01223-ALC-SLC Document 166 Filed 07/16/20 Page 1 of 2

7/16/2020

THE CITY OF NEW YORK

LAW DEPARTMENT

JAMES E. JOHNSON
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

JOSEPH ZANGRILLI
Senior Counsel
Phone: [phone]
Fax: [phone]
[e-mail]

July 15, 2020
BY ECF
Honorable Andrew L. Carter, Jr.
United States District Judge
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re: Jermaine Dunham v. City of New York,
11 CV 1223 (ALC) (SLC)
Your Honor:
I am a Senior Counsel in the office of James E. Johnson, Corporation Counsel of the City
of New York, representing defendants in the above-referenced matter. I write to respectfully
request that the Court, grant the defendants an extension of time to file Defendants’ Response to
Plaintiff’s Statement of Additional Material Facts Pursuant to Rule 56.1(b), nunc pro tunc, from
July 13, 2020 until July 15, 2020.1 Due to an oversight by the undersigned, defendants’ failed to
file their Response to Plaintiff’s Statement of Additional Material Facts Pursuant to Rule 56.1(b)
with their Reply Memorandum of Law and request permission from the Court to file it today.
Plaintiff’s counsel Jason Kornmehl, Esq. has consented to this request. This is the first request
for an extension relating to the defendants’ Response to Plaintiff’s Statement of Additional
Material Facts.
Defendants also respectfully request a waiver of Your Honor’s Individual Rule under
section (2)(C), requiring service of a courtesy copy to chambers of defendants’ reply papers. Due
to the ongoing health crisis, a majority of the New York City Law Department staff continue to
work from home, with only limited personnel traveling to the physical office. This request is
being made in order to try to reduce the burgeoning workload being placed on the limited in
office staff. Plaintiff’s counsel, Jason Kornmehl, Esq., also consents to this request. This is

1

A copy of the Defendants’ Response to Plaintiff’s Statement of Additional Material Facts
Pursuant to Rule 56.1(b) has been attached hereto as “Exhibit A”.

Case 1:11-cv-01223-ALC-SLC Document 166 Filed 07/16/20 Page 2 of 2

defendants’ first request for the relief sought relating to serving a courtesy copy of the reply
papers.
Defendants thank Your Honor for your consideration herein.

Respectfully submitted,
/s/
Joseph Zangrilli
Special Federal Litigation Division
Cc:

Maxwell W. Brown, Esq. (Via ECF)
Jason E. Kornmehl, Esq. (Via ECF)

July 16, 2020