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

Filing 198

ORDER granting 197 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 197. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/5/20) (yv)

Case 1:15-cv-06605-JMF-OTW Document 198 Filed 08/05/20 Page 1 of 2
Seyfarth Shaw LLP
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August 4, 2020
VIA ECF
The Honorable Jesse M. Furman
United States District Judge
Southern District of New York
Thurgood Marshall Courthouse
40 Foley Square, Courtroom 1105
New York, NY 10007
Re:

Khurana v. Spherion Corp. (n/k/a SFN Group, Inc.), 1:15-cv-06605-JMF-OTW

Judge Furman:
This firm represents Defendant SFN Group, Inc., f/k/a Spherion Corp. (“Spherion”).
Pursuant to the Court’s Individual Rule of Practice 1.E., we submit this unopposed letter motion
to seek a brief extension of time from August 7, 2020 to August 14, 2020 for the parties to
submit and exchange certain materials in this case. Specifically, by Order dated June 12, 2020,
the Court ordered the parties as follows:
2. By August 7, 2020, the parties shall file a Joint Pretrial Order, including any and all
information relevant to the trial referenced in the Court’s Individual Rules and Practices
in Civil Cases (available at http://nysd.uscourts.gov/judge/Furman) with respect to Joint
Pretrial Orders.
3. At the same time, the parties shall each file Proposed Findings of Fact and
Conclusions of Law. As there may be no opportunity for post-trial submissions, the
Proposed Findings of Fact should be detailed and should include citations to the
proffered trial testimony and exhibits, and the Proposed Conclusions of Law shall include
all law that the parties wish to submit to the Court. The parties may not submit additional
memoranda of law (before or after trial) without leave of Court.
4. At the same time, the parties shall serve, but not file, affidavits constituting the direct
testimony of each trial witness, except for the direct testimony of an adverse party, a
person whose attendance is compelled by subpoena, or a person for whom the Court
has agreed to hear direct testimony live at the hearing. The parties shall also serve, but
not file, all deposition excerpts that will be offered as substantive evidence, as well as a
one-page synopsis (with transcript citations) of those excerpts for each deposition. As
discussed during the telephone conference held on June 11, 2020, witness affidavits are
subject to the same rules and restrictions as would apply in the case of live testimony, so
the parties should be diligent in complying with all applicable Rules of Evidence.

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Case 1:15-cv-06605-JMF-OTW Document 198 Filed 08/05/20 Page 2 of 2
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5. At the same time, the parties shall provide the Court with an electronic copy of each
exhibit sought to be admitted (with each filename corresponding to the relevant exhibit
number — e.g., “PX-1,” “DX-1,” etc.) by e-mail or a secure filesharing website. The
parties shall also provide, by e-mail to the Court
([e-mail]) , a Microsoft Word document listing all
exhibits sought to be admitted. The list shall contain four columns labeled as follows: (1)
“Exhibit Number”; (2) “Description” (of the exhibit); (3) “Date Identified”; and (4) “Date
Admitted.” The parties shall complete the first two columns, but leave the third and fourth
columns blank, to be filled in by the Court during trial.
On August 4, 2020, due to Tropical Storm Isaias, two of the attorneys for Defendant each
lost power when the storm damaged power lines, and at the time of this filing are still without
power and internet access, which precludes access to this firm’s virtual network. This power
failure has interrupted the preparation of certain documents that are due to be either filed or
exchanged on August 7, 2020, as well as the review and exchange of joint filings, and it is believed
at present that the outage may require certain draft documents to be recreated. Given the unique
environment of working remotely, these power outages have had a particularly detrimental effect.
Wherefore, Defendant respectfully requests that the materials currently due on August 7,
2020 may be submitted or exchanged on August 14, 2020, and all of the other dates in the Court’s
June 12, 2020 order be similarly extended by seven (7) days. Defendant has met and conferred
with Plaintiff’s counsel and Plaintiff does not oppose this request.
Thank you for Your Honor’s consideration of this request.
Respectfully submitted,
SEYFARTH SHAW LLP

/s/ Christopher F. Robertson

Application GRANTED. The Clerk of Court is
directed to terminate ECF No. 197. SO ORDERED.

Christopher F. Robertson
cc: All Counsel of Record (via ECF)

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August 5, 2020