Portillo v. Aponte et al

Filing 175

ORDER granting 174 Letter Motion for Extension of Time to File. Application GRANTED. The Court is unavailable to hold a trial in this matter during the weeks of May 15 and May 22. In the next update, the parties must include their availability for a trial in late June or early July. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/20/2023) (tg)

Case 1:16-cv-04731-VEC-GWG Document 174 Filed 01/20/23 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 1/20/2023

MEMO ENDORSED
THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

MARK D. ZUCKERMAN
Senior Counsel
E-mail: [e-mail]
Phone: [phone]
Fax: [phone]

January 20, 2023
VIA ECF
The Honorable Valerie E. Caproni
United States District Judge
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Jamie Portillo v. Jennifer Webb, et. al., 16 Civ. 4731 (VEC)(GWG)
Your Honor:
I am a Senior Counsel in the office of the Hon. Sylvia O. Hinds-Radix,
Corporation Counsel of the City of New York, representing defendants Jennifer Webb, Manuel
Aldir and Lucyna Gasanov herein. We write in accordance with Your Honor’s order to propose
a schedule for pre-trial submissions and trial herein.
On January 17, 2020, with a Spanish interpreter participating, I discussed
scheduling with plaintiff, who is incarcerated, telephonically. Plaintiff and I both indicated our
availability for a May, 2023 trial of this matter pending my confirmation with the three
individual defendants. I then discussed scheduling with the three individual defendants. Jennifer
Webb is retired and is not available the first two weeks in May. Thus, the three individual
defendants are available for a trial, which we expect to last 2-3 days, during the last two weeks in
May, 2023. (the weeks of May 15 and May 22)
During our phone call, I informed plaintiff of the Court’s timing requirements for
motions in limine, responses to motions in limine, joint pretrial order, proposed jury instructions
and proposed voir dire, as set forth in the Court’s Individual Rules of Practice. Plaintiff stated
that he understood these requirements and the timing was acceptable to him.
However, there is one non-party witness, Dr. Moira Carroll, who as an emergency
room physician treated plaintiff at Elmhurst Hospital on the date of incident and was a witness to

Case 1:16-cv-04731-VEC-GWG Document 174 Filed 01/20/23 Page 2 of 2

the subject incident. Defendants will be calling her as a non-party witness at trial. I have tried to
reach out to her to confirm her availability during the last two weeks of May. I have not heard
back from her yet. It appears that she may now be affiliated with Mt. Sinai Hospital and that she
is no longer with Elmhurst Hospital. I am thus now in contact with Mt. Sinai Hospital to
determine her availability the last two weeks in May.
I therefore request an additional week to January 27, 2023 to determine Dr.
Carroll’s availability the weeks of May 15 and May 22, if those two weeks are convenient for the
Court to hold this trial, and report her availability to the Court by that time.
Thank you for your consideration herein.
Respectfully submitted,
/s/ Mark D. Zuckerman
Mark D. Zuckerman
Senior Counsel

cc:

Jamie Portillo (via first class mail)

Application GRANTED. The Court is unavailable to hold a trial in this matter during the weeks of
May 15 and May 22. In the next update, the parties must include their availability for a trial in late
June or early July.
SO ORDERED.
1/20/2023
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

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