Winfield et al v. City Of New York

Filing 909

ORDER granting 906 Letter Motion for Extension of Time to File. The request is granted. DE# 906 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/24/2020) (kv)

Case 1:15-cv-05236-LTS-KHP Document 906 Filed 08/17/20 Page 1 of 1

THE CITY OF NEW YORK

LAW DEPARTMENT

JAMES E. JOHNSON
Corporation Counsel

Melanie V. Sadok
phone: [phone]
fax: [phone]
email: [e-mail]

100 CHURCH STREET
NEW YORK, NY 10007

August 17, 2020
By ECF
The Honorable Laura Taylor Swain
United States District Judge
United States District Court, Southern District of New York
500 Pearl Street
New York, New York 10007

MEMO ENDORSED

Re: Noel, et al. v. City of New York, 1:15-CV-05236 (LTS)(KHP)
Your Honor:
I am an Assistant Corporation Counsel in the office of James E. Johnson,
Corporation Counsel of the City of New York, attorney for defendant the City of New York in
the above-referenced matter. I am writing to request that the Court deem the City’s August 1415, 2020 filings timely. The City encountered filing issues with the exhibits to the Polifione
Declaration (ECF 903 and 905) which it had started filing well before midnight. Unfortunately,
each exhibit had to be reloaded each time we attempted to file, and there were multiple attempts.
Ultimately, Ms. Polifione filed ECF 903 before midnight but needed to finish the exhibits and
thus re-filed the declaration with the remaining exhibits (ECF 905) shortly after midnight (thus
together ECF 903 and 905 contain the full set of exhbits). While focusing on resolving the issues
with the exhibits to the Polifione Declaration, we lost track of time and shortly before midnight
realized we hadn’t yet filed our 56.1 Statement (ECF 904). We started that filing before midnight
and I believe it was deemed filed at midnight. We respectfully request that ECF 905 and 904 be
deemed timely filed, and that ECF 903 and 905 be deemed properly filed.
Thank you for your consideration of this matter.

The request is granted. DE# 906 resolved.
SO ORDERED.
9/24/2020
/s/ Laura Taylor Swain, USDJ
cc:

By ECF
Attorneys for Plaintiffs

Respectfully submitted,
/s/
Melanie V. Sadok
Assistant Corporation Counsel