Edmondson et al v. RCI Hospitality Holdings, Inc. et al

Filing 169

ORDER granting in part and denying in part 168 Letter Motion for Extension of Time to File. Application GRANTED in part. Motions for summary judgment are due on March 5, 2021. Oppositions are due on May 7, 2021. Reply papers are due on June 18, 2021. Due to this extended briefing schedule, there will be no extensions. (Signed by Judge Valerie E. Caproni on 12/1/2020) (cf)

Case 1:16-cv-02242-VEC Document 168 Filed 11/30/20 Page 1 of 2
169
12/01/20

MEMO ENDORSED

Daniel J. Fox
77 Water Street, Suite 2100
New York, New York 10005
[e-mail]
Direct: 212.845.9001

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/1/2020

November 30, 2020

Via ECF
Honorable Valerie E. Caproni
United States District Court
Southern District of New York
40 Foley Square, Room 240
New York, New York 10007
Re:

Edmondson, et al. v. RCI Hospitality Holdings, Inc. et al.
Case No.: 16-cv-2242 (VEC)

Dear Judge Caproni:
We represent defendants RCI Hospitality Holdings, Inc., Peregrine Enterprises, Inc., RCI
Dining Services (37th Street), Inc., and Eric Langan (collectively “Defendants”) in connection with
the above-referenced lawsuit. We submit this letter jointly with Plaintiffs’ counsel to request a new
briefing schedule for the parties’ planned motions for summary judgment.
As you may recall, at the parties’ request, Your Honor referred this matter to a settlement
conference before Magistrate Judge Cave. The conference extended over two days in November.
Although the parties negotiated in good faith, we were unable to bridge the gap and resolve the
case. We therefore have no choice but to proceed with dispositive motion practice.
Counsel for the parties recently conferred and agreed to a briefing schedule that closely
aligns to the filing time frames that were previously established and endorsed by Your Honor.
Nature of Filing

Proposed Deadline

Motions for summary judgment

February 12, 2021

Opposition to motions

April 9, 2021

Reply papers

May 14, 2021

ARIZONA • CALIFORNIA • COLORADO • CONNECTICUT • FLORIDA • GEORGIA • ILLINOIS • INDIANA • KANSAS • KENTUCKY
LOUISIANA

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MARYLAND

NORTH CAROLINA
4846-5808-8147.1

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OHIO

MASSACHUSETTS

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OREGON

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MISSOURI

PENNSYLVANIA

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NEVADA

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RHODE ISLAND

NEW JERSEY
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TEXAS

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NEW MEXICO

WASHINGTON

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NEW YORK

WEST VIRGINIA

Case 1:16-cv-02242-VEC Document 168 Filed 11/30/20 Page 2 of 2
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12/01/20
November 30, 2020
Page 2

The parties are available to participate in a pre-motion conference to the extent the Court
wishes to discuss the foregoing. Otherwise, it would be greatly appreciated if Your Honor would
endorse the within proposed briefing schedule for dispositive motion practice in this action.
Thank you for your kind consideration of this matter.
Respectfully submitted,
/s/Daniel J. Fox
Daniel J. Fox of
LEWIS BRISBOIS BISGAARD & SMITH LLP
DJF
cc: All counsel of record via ECF

Application GRANTED in part. Motions for summary
judgment are due on March 5, 2021. Oppositions are due on
May 7, 2021. Reply papers are due on June 18, 2021. Due
to this extended briefing schedule, there will be no extensions.
SO ORDERED.

HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com

4846-5808-8147.1

12/1/2020