Alicea v. The City of New York et al

Filing 125

ORDER granting 124 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/9/2022) (va)

Case 1:16-cv-07347-LAP Document 125
124 Filed 06/09/22
06/08/22 Page 1 of 2

ROPES & GRAY LLP
1211 AVENUE OF THE AMERICAS
NEW YORK, NY 10036-8704
WWW.ROPESGRAY.COM

Adam M. Harris
T [phone]

June 8, 2022

[e-mail]

BY ECF
The Honorable Loretta A. Preska
United States District Court for the Southern District of New York
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St., Room 2220
New York, NY 10007
Re:

Alicea v. City of New York, et al., No. 16-cv-07347-LAP: Request for
Enlargement of Time to File Joint Pre-Trial Order

Dear Judge Preska:
We are pro bono counsel for Plaintiff in the above-captioned action, Dave Alicea, who is
incarcerated at Otisville Correctional Facility, and write with the consent of the Defendants. On
September 24, 2021, at the request of the parties, Your Honor set a deadline of November 23, 2021
for the filing of the joint pretrial order in this action. The parties have previously requested
adjournments of this deadline on three occasions, all of which Your Honor granted, including on
April 8, 2022, when Your Honor granted an extension of the filing deadline to June 10, 2022. See
Docket Numbers 122, 123.
Counsel for Defendants has advised us that they require additional time on which to
complete the joint pretrial order. Accordingly, the parties respectfully request a further extension
of the deadline to file the joint pretrial order to August 26, 2022. However, to avoid further delay,
and to ensure that this case continues to move forward, with the consent of the Defendants, we
further request that the Court enter the proposed schedule for completing the joint pretrial order:
July 8, 2022 – Defendants’ counsel shall provide comments, if any, on the joint fact section
and the joint exhibits of the joint pretrial order and shall provide the Defendant’s proposed
fact section of the joint pretrial order.
July 29, 2022 – Plaintiff’s counsel shall provide comments, if any, on the joint fact section
and joint exhibits of the joint pretrial order.

Case 1:16-cv-07347-LAP Document 125
124 Filed 06/09/22
06/08/22 Page 2 of 2

-2-

August 12, 2022 – The parties shall meet and confer by this date to discuss any open issues
regarding the joint fact section and joint exhibits of the joint pretrial order.
August 26, 2022 – Deadline to file joint pretrial order.
The parties respectfully request that the Court enter the schedule set forth above.
We are available at the Court’s convenience should the Court have any questions.

Respectfully submitted,
/s Adam M. Harris
Adam M. Harris
cc:

Counsel for Defendants (By ECF)

SO ORDERED.
Dated:
June 9, 2022
New York, New York

LORETTA A. PRESKA
Senior United States District Judge