Tardif v. City of New York et al

Filing 574

ORDER: denying 573 Letter Motion for Extension of Time to File. Because final judgment has not yet been entered, the motion is DENIED. Once final judgment has been entered, Plaintiff shall file a Notice of Taxation of Costs pursuant to Local Civil Rule 54.1 if she seeks to recover costs. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/11/2022) (ama)

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Case 1:13-cv-04056-KMW-KNF Document 574 573 Filed 08/11/22 08/04/22 Page 1 of 2 Iii FARUQ!. &_ FARUQ!. _____ _ _ LLP i\TTORNt;YS 1\T NEW YORK CAL I FORNIA GEORGIA PENNSY LVANIA Li\\\' August 4, 2022 BYECF Hon. Kimba M. Wood United States District Judge Southern Distiict of New York 500 Pearl Street New York, NY 10007 Re: 8/11/2022 Mary Tardifv. City ofNew York, et al., 13-cv-4056 (KMW)(KNF) Dear Judge Wood: Pursuant to Fed. R. Civ. P. 6(b)(l)(A) and Local Civil Rule 54.l (a), Plaintiff in the abovecaptioned matter moves this Com1 for an extension of time in which to file her Notice of Taxation of Costs until 30 days after this Com1' s decision on Defendant's post-ti"ial motions. On July 12, 2022, this Com1 entered judgment for Plaintiff in the sum of$431, 250. (ECF No. 550). Under Local Civil Rule 54. l(a), Plaintiff is required to file with the Clerk of this Com1 a Notice of Taxation of Costs by August 11 , 2022, t:hii1y days after the ently of the judgment. Defendant, however, has informed this Court that it intends to file post-trial motions, and this Court has set a briefing schedule for those motions, requiring Defendant to file its memorandum for those motions by August 15, 2022. (ECF No. 572). Pursuant to Local Rule 54. l (a), during the pendency of those motions, the Clerk will not tax costs. And after the decision on those motions, any party may file a new Notice of Taxation of Costs. Since the Clerk cannot tax costs during the pendency of Defendant's post-tiĀ·ial motions, and since a new Notice of Taxation of Costs may be required after the decision on the decision on these motions, Plaintiff moves this Com1 to extend the time in which she is required to file her Notice of Taxation of Costs until 30 days after this Com1' s decision on Defendant's post-trial motions. Good cause exists for this extension because no purpose will be se1ved by the filing of the Notice of Taxation of Costs before the decision on the motions, and Defendant will suffer no prejudice if the time for filing the notice is extended. Plaintiff has requested Defendant's consent to this motion on several occasions-July 27, 2022, August 1, 2022, August 3, 2022, and August 4, 2022 (by phone and email)-but Defendant has not responded. 685 T HIR D AVENUE 26TH FL OOR NEW YORK , NY 10017 PHON E 212 . 983.6804 F AX 212.656 . 1 760 I NJURYLAWYERSOFN Y C.COM Case 1:13-cv-04056-KMW-KNF Document 574 573 Filed 08/11/22 08/04/22 Page 2 of 2 Plaintiff therefore requests that this Comi extends the time for Plaintiff to file her Notice of Taxation of Costs until 30 days after this Comi's decision on Defendant's post-trial motions. Respectfully, Isl Reza Rezvani Reza Rezvani cc: All Counsel of Record (via ECF) Because final judgment has not yet been entered, the motion is DENIED. Once final judgment has been entered, Plaintiff shall file a Notice of Taxation of Costs pursuant to Local Civil Rule 54.1 if she seeks to recover costs. SO ORDERED. Dated: New York, New York August 11, 2022 /s/ Kimba M. Wood KIMBA M. WOOD United States District Judge 2

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