Castro v. City of New York et al

Filing 136

ORDER granting 135 Letter Motion for Extension of Time to File. Application GRANTED. Pretrial filings to be submitted by September 22, 2023 and oppositions to be submitted by September 29, 2023. The parties are directed to meet and confer regarding their availability for trial the weeks of October 30, 2023 and November 13, 2023 and to inform the Court of their availability by September 15, 2023. (Signed by Judge Jessica G. L. Clarke on 9/13/2023) (ate)

Case 1:16-cv-08147-JGLC-GWG Document 136 Filed 09/13/23 Page 1 of 2

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

THE CITY OF NEW YORK

KELLYANNE HOLOHAN
Assistant Corporation Counsel
phone: [phone]
fax: [phone]
[e-mail]

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

BY ECF
Honorable Jessica G. L. Clarke
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007

Your Honor:

September 12, 2023

Re: Marcelino Castro v. Janet Smith and Octavian Duggins,
16-CV-08147 (RA) (GWG)

I am an Assistant Corporation Counsel in the Office of the Corporation Counsel of
the City of New York assigned to the defense of the above-referenced matter. Defendants
respectfully submit this letter requesting (1) that Your Honor extend the deadline for the parties to
submit their pretrial filings from September 20, 2023 to September 22, 2023, with a similar
extension from September 27, 2023 to September 29, 2023 for the parties to oppose and (2) to seek
guidance from the Court regarding an unavoidable scheduling issue. Plaintiff’s counsel, Ethan
Amaker, Esq., consents to the extension request and is aware of the unavoidable scheduling issue.
As to the extension request, the parties are working together to create our Joint
Pretrial Order 1. Further, we have made arrangements to confer regarding motions in limine prior
to their submission, pursuant to Your Honor’s Individual Trial Rules and Practices. This brief
extension allows the parties to fully engage in that process as well as provide and revise prospective
drafts of our Joint Pretrial Order.
As to the unavoidable scheduling issue, as discussed with plaintiff’s counsel earlier
today, Officer Duggins has a necessary medical procedure scheduled for October 10, 2023 which
can not be moved. Because of issues particular to this defendant, recovery time for this procedure
is also uncertain. At a minimum, this defendant cannot be present on October 10-11, 2023.
However, it is possible that his recovery will take longer. Defendants do not want to unnecessarily
delay the trial, but defendants are concerned that Officer Duggins’s recovery may interfere with
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Plaintiff intends to provide his portion to defendants by Friday September 15, 2023. Thus, the
parties would have one week to work together to finalize the Joint Pretrial Order before submission
to Your Honor.

Case 1:16-cv-08147-JGLC-GWG Document 136 Filed 09/13/23 Page 2 of 2

his ability to participate in the trial. Due to the sensitive nature of medical information, counsel is
prepared to provide additional information ex parte in a manner directed by the Court as opposed
to on the public docket. Defendants respectfully seek guidance from the Court regarding how to
proceed regarding this issue.
Defendants thank Your Honor for your time and consideration herein.
Respectfully submitted,
/s/KellyAnne Holohan
KellyAnne Holohan
Assistant Corporation Counsel
Special Federal Litigation Division
Cc:

All counsel (via ECF)

Application GRANTED. Pretrial filings to be submitted by September 22, 2023 and oppositions to be
submitted by September 29, 2023. The parties are directed to meet and confer regarding their availability
for trial the weeks of October 30, 2023 and November 13, 2023 and to inform the Court of their availability
by September 15, 2023.
SO ORDERED.

JESSICA G. L. CLARKE
United States District Judge
Dated: September 13, 2023
New York, New York

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