Patterson v. Aponte et al

Filing 146

ORDER granting 145 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/8/2021) (ks)

Case 1:16-cv-03156-PAE-RWL Document 146 Filed 03/08/21 Page 1 of 2

3/8/2021
THE CITY OF NEW YORK

LAW DEPARTMENT

JAMES E. JOHNSON
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

JORGE M. MARQUEZ
Senior Counsel
Phone: [phone]
Fax: [phone]
Email: [e-mail]

March 8, 2021

VIA E.C.F.
Hon. Robert W. Lehrburger
United States Magistrate Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
RE:

Trent Patterson v. Captain Johnson,
16 Civ. 3156 (PAE) (RWL)

Your Honor:
I am a Senior Counsel in the Special Federal Litigation Division of the New York
City Law Department and the attorney assigned to represent the defendant, Captain Johnson, in
the above referenced action. Defendant respectfully seeks a one week extension to file its Motion
for Summary Judgement, from March 10, 2021, to March 17, 2021.
The Defendant’s Motion for Summary Judgment will be finalized this week.
Nevertheless, the undersigned must make arrangements to have the motion papers, including
video media, copied in order to mail the same to Plaintiff. Given the ongoing pandemic, there are
limitations on the Law Department’s mailing operations that require the undersigned to appear
within a specific time frame so as to be able to mail the package to Plaintiff. Accordingly,
Defendant respectfully requests a 1 week extension of time to file its Motion for Summary
Judgement and arrange for a package of the motion papers to be delivered to Plaintiff.
In light of this request, Defendant also requests that the Court, sua sponte, extend
the deadline for Plaintiff to serve his opposition papers, from May 3, 2021, to May 10, 2021.
(E.C.F. No. 144) Defendant notes that an extension of the May 24, 2021, deadline to file his
Reply papers is not warranted at this time.

146
Case 1:16-cv-03156-PAE-RWL Document 145 Filed 03/08/21 Page 2 of 2

Lastly, the undersigned notes that on March 4, 2021, he spoke over the phone
with Mr. Patterson to request his consent to this application; Mr. Patterson indicated that he had
to think about whether he would give his consent and asked the undersigned to call today to
confirm. Defendant notes that on March 4, 2021, Mr. Patterson provided the undersigned an email address and that Defendant e-mailed Mr. Patterson asking if he consented to the extension
request. Today, March 8, 2021, Defendant called Mr. Patterson to follow-up on last week’s
phone conversation. Mr. Patterson, however, did not respond. In addition, Defendant notes that
Mr. Patterson did not respond to the Defendant’s e-mail sent on March 4, 2021. As a result,
Defendant notes that he was unable to obtain Mr. Patterson’s position concerning this
application. Notwithstanding said fact, Defendant respectfully requests that the Court grant this
application.
Respectfully submitted,

Jorge Marquez /S/
Jorge M. Marquez
Senior Counsel
Special Federal Litigation Division
cc:

VIA MAIL TO:.
Trent Patterson
50 Kimberly Ln.
Apt. 40A
Staten Island, New York 10304

3/8/2021

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