The State of New York Ex Rel Vinod Khurana et al v. Spherion Corp

Filing 181

ORDER granting 180 Letter Motion for Extension of Time to File. Application GRANTED. The parties shall the proposed joint pretrial order and related materials no later than May 15, 2020. The Clerk of Court is directed to terminate ECF No. 180. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/14/20) (yv)

KIRBY McINERNEY LLP

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Of co u n sel
Ro ger W . K irb y
Alice McI n ern ey

April 14, 2020
VIA ECF
The Honorable Jesse M. Furman
United States District Judge
Southern District of New York
40 Foley Square, Courtroom 1105
New York, New York 10007
Re:

State of New York ex rel. Khurana v. Spherion Corp. (n/k/a SFN Grp., Inc.), No. 15
Civ. 06605-JMF-OTW (S.D.N.Y.)

Dear Judge Furman:
We represent the Plaintiff-Relator (“Plaintiff”) in the above-referenced action. As
discussed more fully below, we write respectfully to request a brief adjournment of the April 27,
2020 due date for the parties’ joint pre-trial order and the related materials identified in Rules 5.BD of your Honor’s Invidual Practices (collectively, the “PTO”), so that the PTO would not be due
until May 15, 2020. The parties jointly made one prior request for an extension of time to file the
PTO. Defendant Spherion Corp. (“Defendant”) does not oppose this request.
On February 26, 2020, the Court denied Defendant’s motion for summary judgment and
directed the parties to file the PTO within 30 days and to be ready for trial as early as two weeks
thereafter. See ECF No. 171, at 5-6. The Court further encouraged the parties to attempt to resolve
their dispute through mediation and to notify the Court if the parties were to mediate in order to
seek a postponement of the PTO due date. See id. at 6. By letter dated March 5, 2020, the parties
notified the Court that they agreed to mediation and requested that the PTO due date be adjourned
to April 27, 2020. See ECF No. 172. The Court granted that request in a memo endorsement dated
March 5, 2020. See ECF No. 173. The parties appeared for a full-day mediation session on March
25, 2020 but were unable to reach a consensual resolution of this matter.
Although counsel has been diligently prosecuting this action, Plaintiff makes this request
because the current pandemic and accompanying office closures and work-from-home orders have
greatly increased the amount of time and effort that is normally required to prepare the numerous
materials constituting the PTO. For this reason, Plaintiff respectfully requests that the parties be
granted a modest, additional extension of time from April 27, 2020 to May 15, 2020 to file the
PTO. There is no currently scheduled date for the parties to next appear before the Court, and

NEW YORK

CALIFORNIA

Hon. Jesse M. Furman
April 14, 2020
Page 2
Plaintiff respectfully notes that – in light of the Court’s Standing Order suspending all jury trials
until June 1, 2020 – the current request would not interfere with the earliest possible trial ready
date.
We thank the Court for its consideration of this request.
Respectfully submitted,

David E. Kovel
cc:

All Counsel of Record (via ECF)
Application GRANTED. The parties shall the proposed joint pretrial order and related
materials no later than May 15, 2020. The Clerk of Court is directed to terminate ECF
No. 180. SO ORDERED.

April 14, 2020

NEW YORK

TEXAS