Henry v. The City of New York et al

Filing 114

ORDER: granting 113 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/10/2020) (ama)

Case 1:17-cv-03450-JGK-SDA Document 114 Filed 12/10/20 Page 1 of 2

THE CITY OF NEW YORK

JAMES E. JO HNSON
Corporation Counsel

MARYBETH ALLEN
Senior Counsel
Phone: [phone]
Fax: [phone]
Email: [e-mail]

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

December 9, 2020
VIA ECF
Honorable John G. Koeltl
United States District Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:
Your Honor:

Application granted.
SO ORDERED
December 10, 2020
New York, NY

/s/ John G. Koeltl
John G. Koeltl
U.S.D.J.

Levar Henry v. City of New York, et al.
17 Civ. 3450 (JGK) (SDA)

I am a Senior Counsel in the Special Federal Litigation Division of the New York City
Law Department, and the attorney assigned to the defense of the above-referenced matter.
Defendants write to respectfully request a brief extension of one week to file their Motion for
summary judgment, i.e., from December 11, 2020 to and including December 18, 2020.
Defendants contacted Plaintiff to obtain his consent for this application. However, it appears that
Plaintiff believes he is still represented by counsel because he would not discuss the extension
with defense counsel. Instead, Plaintiff referred counsel to his former pro bono attorney, who as
the Court is aware, no longer represents Plaintiff in this matter. 1
Defendants submitted a pre-motion application on October 28, 2020, regarding their
anticipated motion for summary judgment.
The Court held a pre-motion conference, via
telephone, on November 4, 2020. Pursuant to the Court’s Order dated November 5, 2020,
Defendants’ motion is due on December 11, 2020. However due to other work obligations, that
arose after Defendants agreed to the motion schedule, including motion practice on other
matters, Defendants’ are unable to complete the motion within the currently proscribed
timeframe.
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Defendants will continue their attempts to communicate with Plaintiff by telephone and mail.

Case 1:17-cv-03450-JGK-SDA Document 114 Filed 12/10/20 Page 2 of 2

Should the Court grant Defendants’ application,
endorsement of the following revised motion schedule:
•
•
•

Defendants seek

the Court’s

Defendants to serve their motion by December 18, 2020;
Plaintiff to serve his opposition by January 15, 2021; and
Defendants to serve their reply, if any, no later than February 5, 2021.

Defendants thank the Court for its time and consideration herein.
Respectfully submitted,
MaryBeth Allen /s
MaryBeth Allen
Senior Counsel
Special Federal Litigation Division

cc:

VIA MAIL
Levar T. Henry
Pro Se Plaintiff
85 Delray Drive
Mount Vernon, New York 10552

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