Lebewohl et al v. Heart Attack Grill LLC et al

Filing 23

ENDORSED LETTER addressed to Judge Paul A Engelmayer from Robert Kain dated 10/13/2011 re: Request to attend the 10/25/2011 conference by telephone. ENDORSEMENT: Counsel for the Defendants may appear at the 10/25/2011 conference by telephone. (Signed by Judge Victor Marrero for Judge Paul A. Engelmeyer on 10/18/2011) (cd)

900 Southeast Third Avenue, Suite 205
Fort Lauderdale, Florida 33316
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KAIN & ASSOCIATES
AnORNEYS AT LAW

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Robert C. Kain, Jr.
[e-mail]
Darren Spielman [e-mail]

USDCSDNY
DOCUMENT

October 13,2011
Via Fed Express
Hon. Paul A. Engelmayer
United States District Judge
United States District Court, S.D.N.Y.
500 Pearl Street, Room 670
Courtroom 18C
New York, NY 10007
[phone]
Re:

ILECTRO~ICALLY FILED

OOC#:
DATE FILED:

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MEMO ENDORSED

Lebewohl, 2nd Ave Deli v. Heart Attack Grill, LLC., HAG, LLC, and Jon Basso
U.S. District Court, S.D. New York, Case No. 11-CIV-3153-PAE-JCF

Our Ref.: 5087-23

Dear Judge Engelmayer:
We represent Defendants, Heart Attack Grill, LLC., HAG, LLC, and Jon Basso, in this case.
The above captioned case was recently transferred to you. Subsequently, you scheduled a conference
to be held for Tuesday October 25,2011 at 4:00 p.m. in your courtroom. The undersigned counsel
requests that he be permitted to attend the conference by telephone. It is burdensome to travel to New
York for a 20 minute status conference hearing. Travel from South Florida requires approximately
four hours of flying and ground transportation each way. As a result, the undersigned will devote a
full business day for a 20 minute hearing. Opposing counsel was contacted prior to the submission
of this request, and agrees to allow the undersigned to appear by telephone.
Additionally, the undersigned has another previously scheduled special set evidentiary
hearing in another case in South Florida that day at 11 :00 a.m. The other hearing was set in June of
this year and rescheduling may be difficult because our client is not the movant on that case.
As you requested in your Order (Dkt. 22) the parties will be submitting a detailed status
report, five days prior to the hearing (October 20). The undersigned will be fully prepared and
capable of answering any questions or concerns that the Court may have regarding this case.
If a personal appearance is required, we request a continuance of this hearing.
1

October 13,2011

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cc: William Chuang, Esq. via email
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