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

Filing 194

ORDER granting 193 Letter Motion for Extension of Time to File. The foregoing extension request is granted. The City's response shall be filed by March 13, 2023, and the Plaintiffs' reply shall be filed by March 20, 2023. DE 193 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/23/2023) (vfr)

Case 1:16-cv-04936-LTS-JW Document 193 Filed 02/23/23 Page 1 of 2

THE CITY OF NEW YORK

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

LAW DEPARTMENT

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

February 23, 2023
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, with the consent
of plaintiffs’ counsel, a two week extension of time for the City to respond to plaintiff’s motion to
amend the complaint (ECF No. 199-190), from February 27, 2023 to March 13, 2023, with the
time for plaintiff’s reply extended from March 6, 2023 to March 20, 2023. This is the first request
for the extension of these deadlines. Defendant Sidney Wilson joins in this application.
On February 15, 2023, the Corizon defendants filed a suggestion of bankruptcy and on
February 16, 2023, the Court stayed this action with respect to the Corizon defendants but not
others, in effect severing the claims against Corizon from this action. ECF Nos. 191, 192.
Proceeding without Corizon as a party risks prejudice to the City’s rights and as well as probable
duplicative litigation involving the bankruptcy estate. The City requires additional time to
formulate its position with respect to a motion to stay this matter in light of the bankruptcy stay,
and for the parties to exchange pre-motion letters regarding a stay motion, pursuant to the Court’s
Individual Practices. It would be wasteful for the parties to proceed with briefing on the motion
to amend before the Court decides the City’s motion for a stay. At the conclusion of the two week
extension, after conferring with other counsel, the City will either seek additional relief or submit
its opposition to the motion to amend.

Case 1:16-cv-04936-LTS-JW Document 193 Filed 02/23/23 Page 2 of 2

Therefore, the City requests a two week extension of time to respond to plaintiff’s motion
to amend the complaint (ECF No. 199-190), from February 27, 2023 to March 13, 2023, with the
time for plaintiff’s reply extended from March 6, 2023 to March 20, 2023.
We thank the Court for its consideration of this matter.
Respectfully submitted,

Alan H. Scheiner /s/

cc:

Alan H. Scheiner
Senior Counsel
Special Federal Litigation Division

All Counsel (via ECF)

The foregoing extension request is granted. The City’s response shall be filed by March 13, 2023, and the
Plaintiffs’ reply shall be filed by March 20, 2023. DE 193 is resolved.
SO ORDERED.
2/23/2023
/s/ Laura Taylor Swain, Chief USDJ

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