Forte v. McNellis et al

Filing 174

ORDER granting 173 Letter Motion to Adjourn Conference; granting 173 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. The deadline to complete discovery is adjourned until January 15, 2021. The post -discovery conference previously scheduled for December 17, 2020 is adjourned until January 21, 2021 at 2:00 pm. (Status Conference set for 1/21/2021 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/9/2020) (rro)

Case 1:16-cv-00560-VSB Document 173 Filed 12/03/20 Page 1 of 2
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Reed Smith LLP
599 Lexington Avenue
New York, NY 10022-7650
[phone]
Fax [phone]
reedsmith.com

Nicole Lapsatis Lech
Direct Phone: [phone]
Email: [e-mail]

December 3, 2020
VIA ECF

12/9/2020

Honorable Judge Vernon S. Broderick
United States District Court Judge
40 Foley Square, Room 415
New York, NY 10007
Re:

The deadline to complete discovery is adjourned until January 15, 2021. The
post-discovery conference previously scheduled for December 17, 2020 is
adjourned until January 21, 2021 at 2:00 pm.

Forte v. The City of New York, et al.., Case No. 1:16-cv-00560-VSB (S.D.N.Y)

Dear Judge Broderick:
We represent Plaintiff Daniel Forte as limited pro bono counsel in the above-referenced matter
pursuant to Your Honor’s Order dated November 30, 2018. (ECF No. 124) Pursuant to Rule I.G. of Your
Honor’s Individual Rules & Practice in Civil Cases, we write on behalf of all parties to respectfully request
an extension of the deadline to complete fact discovery from December 15, 2020, to January 15, 2021,
and an adjournment of the status conference scheduled for December 17, 2020.
The parties previously requested and Your Honor granted extensions of the deadline to complete
fact discovery in February, March, April, July, and October 2020. (See ECF Nos. 156, 163, 165, 170,
and 172). The previous requests for extension were made in light of safety concerns arising from the
COVID-19 pandemic, as well as the need for additional time to depose certain third-parties regarding
previously unknown facts that were elicited during the depositions of the defendants. The parties had
hoped that the most recent extension would provide sufficient time for the parties to conduct all
outstanding depositions by videoconference. Plaintiff made diligent efforts to timely serve deposition
subpoenas; however, due to scheduling conflicts, the parties were unable to schedule all of the remaining
depositions for before December 15. In particular, the parties have agreed, subject to Your Honor granting
an extension, that the deposition of Samuel David will take place on December 16, 2020 and the deposition
of Steven Nieves will take place on December 17, 2020.
In order to allow for these depositions to take place on the above-mentioned dates that are
convenient for the deponents and counsel for the parties in this action (and a potential deposition of
one additional that we have not yet been able to locate and serve), we respectfully request a further
extension of the deadline to complete fact discovery to January 15, 2021 and an adjournment of the status
conference scheduled for December 17, 2020 to a convenient date and time in January 2021. Counsel for
the New York City Defendants and White Plain Defendants have informed us that they consent to this
extension.
We thank the Court for its attention to this matter.

ABU DHABI  ATHENS  AUSTIN  BEIJING  BRUSSELS  CENTURY CITY  CHICAGO  DALLAS  DUBAI  FRANKFURT  HONG KONG
HOUSTON  KAZAKHSTAN  LONDON  LOS ANGELES  MIAMI  MUNICH  NEW YORK  PARIS  PHILADELPHIA  PITTSBURGH  PRINCETON
RICHMOND  SAN FRANCISCO  SHANGHAI  SILICON VALLEY  SINGAPORE  TYSONS  WASHINGTON, D.C.  WILMINGTON

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Respectfully submitted,
/s/ Nicole Lapsatis Lech
Nicole Lapsatis Lech
cc:

By ECF
Counsel of Record