K.A. et al v. City Of New York et al

Filing 166

ORDER: granting 165 Letter Motion for Extension of Time to File. The foregoing request is granted. DE 165 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/12/2022) (ama)

Case 1:16-cv-04936-LTS-JW Document 165 Filed 08/12/22 Page 1 of 2

THE CITY OF NEW YORK

LAW DEPARTMENT

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

ALAN H. SCHEINER
Senior Counsel
Tel. [phone]
Fax. [phone]
email: [e-mail]

August 12, 2022
Via ECF
Hon. Laura Taylor Swain
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

MEMO ENDORSED

K.A., et al. v. City of New York, et al., 16-cv-04936 (LTS) (KNF) (SDNY)

Your Honor:
I am a Senior Counsel in the Office of Hon. Sylvia O. Hinds-Radix, the Corporation
Counsel of the City of New York, assigned to the defense of the above-referenced action on behalf
of defendant City of New York (the “City”).
I am writing to respectfully request modification of the Scheduling Order of today (ECF
No. 164) because of an error in the parties' proposed Scheduling Order submitted (ECF No. 163)
with respect to the defendants’ anticipated Rule 72 appeal. Yesterday, on August 11, 2022, the
Court granted an application, upon consent, to extend the time to file an appeal of the Magistrate
Judge's July 28, 2022 Order denying a stay of discovery, from August 11, 2022 to August 16,
2022. (ECF No. 162) Unfortunately, the schedule for that motion contained in the parties’
proposed Scheduling Order unintentionally contained the original due date for the appeal, not the
extended date. This was not consistent with the agreement of the parties.
Accordingly, defendants respectfully request, with the consent of plaintiffs, that the Court
amend the briefing scheduled for the appeal to account for the extension, as follows, consistent
with the Court's Order at ECF No. 162.
Appeal Due August 16, 2022
Response Due August 23, 2022

Case 1:16-cv-04936-LTS-JW Document 165 Filed 08/12/22 Page 2 of 2

This is the second request for extension of the deadline for the Rule 72 appeal; the first
request was granted upon consent, for the same date as is requested today.
We thank the Court for its consideration of this matter.
Respectfully submitted,

The foregoing request is granted. DE 165 is resolved.
SO ORDERED.
/s/ Laura Taylor Swain, Chief U.S. Dist. Judge
August 12, 2022

cc:

Alan H. Scheiner /s/

Alan H. Scheiner
Senior Counsel
Special Federal Litigation Division

All Counsel (via ECF)

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