Lebewohl et al v. Heart Attack Grill LLC et al

Filing 52

ENDORSED LETTER addressed to Judge Paul A. Engelmayer from William W. Chuang dated 3/14/2012 re: Plaintiffs request an extension for submitting moving papers for summary judgment. Plaintiffs propose the following briefing schedule: Moving Papers Due: March 23, 2012. Opposition Papers Due: April 13, 2012. Response Papers Due: April 27, 2012. ENDORSEMENT: The time to depose additional witnesses is hereby closed. Moving papers for summary judgment are due March 26, 2012. Opposition papers are due April 16, 2012. Reply papers are due April 23, 2012. Upon review of the papers, the Corut will determine if oral argument will be necessary. ( Motions due by 3/26/2012, Responses due by 4/16/2012, Replies due by 4/23/2012.) (Signed by Judge Paul A. Engelmayer on 3/20/2012) (djc)

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JAKUBOWITZ

& CHUANG LLP

ATTORNEYS AT LAw
325 BROADWAY, SUm 301
NEW YORK, NY 10007

WlLllAM W. CHuANG
TOVIA JAK.UBOWl1Z

[phone]
[phone]

March 14, 2012
BY FAX

Hon. Paul A Engelmayer
United States District Judge
500 Pearl St
New York, NY 10007-1312

RE:

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Lebewohl et al. v. Heart Attack GnU LLC, et al., Case No.ll-cv-3lS3.

Dear Judge Engelmayer:
My firm represents the Plaintiffs. This letter is sent by fax upon Laura's instruction. I write
to provide an update and to propose a new briefing schedule for the Plaintiffs' ·proposed
summary judgment motion.
Attempts to serve Fred MossIer have been unsuccessful. A subpoena was prepared and
submitted to the Constable of Henderson Township for service on February 16. Deputy
Constable Pau] T. Maxwell attempted to serve Mr. MossIer at his home and office from
February 22 to February 29, but was unable to do so. Constable Maxwell believes that Mr.
MossIer was actively avoiding service, will be providing an affidavit to this effect by the end
of this week. However, Plaintiffs will not be deposing Mr. MossIer due to the difficulty of
obtaining service over him-a stakeout would be prohibitively expensive and time­
consuming, as would be a motion for alternative service, which would have to be filed in
Las Vegas.
Plaintiffs request an extension for submitting moving papers for summary judgment The
deadline for filing such papers set by the Court on the February 15 conference has passed.
The delay was due to an issue with the health of the undersigned counsel. The condition
has been reso]ved and will not affect the ability of the undersigned counsel to diligently
prosecute this case going forward.
Plaintiffs propose the following briefing schedule:
Moving Papers Due: March 23, 2012.

Opposition Papers Due: April 13, 2012.

Response Papers Due: April 27, 2012.

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A draft copy of this letter was sent to opposing counsel yesterday for review, at his request
No response has been received. Therefore, Defendants should be presumed to opp.ose this
request.
Very Truly Yours,

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. HON. PAUL A. ENOELMAYER.

UNITED STATES DISTRlCl' JUOOE

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