Abraham v. Leigh et al

Filing 471

ORDER: On June 10, 2019, the Court entered an Order, setting a deadline of November 15, 2019, for the filing of pre-motion letters concerning contemplated summary judgment motions. (Dkt. #230). Plaintiff requested leave to file a motion for summary judgment for the first time on February 25, 2020. (Dkt. #450). On February 27, 2020, the Court entered an Order requiring Plaintiff to file a letter on or before March 6, 2020, demonstrating good cause as to why she failed to file a pre-motion submission by the November 15, 2019 deadline. (Dkt. #455). The Court is in receipt of Plaintiff's March 6, 2020 letter seeking leave to file a motion for summary judgment and attempting to demonstrate good cause as to why sh e did not comply with the Court's June 10, 2019 Order. (Dkt. #459). The Court is also in receipt of the Leigh Defendants' March 12, 2020 Letter in opposition to Plaintiff's request. (Dkt. #463, 464). Plaintiff's ap plication to file an untimely motion for summary judgment is hereby DENIED. Plaintiff has failed to establish good cause for her failure to abide by the Court's June 10, 2019 Order, which gave the parties five months in which to make pre- motion submissions for anticipated motions for summary judgment. Nor has Plaintiff established that her failure to do so was the result of excusable negligence. Further, upon review of Defendants' motion for summary judgment pape rs, Plaintiff's opposition papers, and the exhibits that Plaintiff has submitted to the Court to demonstrate the likelihood of success of her anticipated motion for summary judgment, the Court concludes that Plaintiff's motion for summ ary judgment, were it to be filed, would not have a reasonable likelihood of success. Thus, it would be a waste of the parties' and the Court's resources to allow Plaintiff to file an untimely motion for summary judgment. In so deciding, the Court does not express any opinion as to the likelihood of success of Defendants' motion for summary judgment, which has not yet been fully briefed. (Signed by Judge Katherine Polk Failla on 3/18/2020) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBYN ABRAHAM,
Plaintiff,
-v.-

17 Civ. 5429 (KPF)
ORDER

ABBY LEIGH, et al.,
Defendants.
KATHERINE POLK FAILLA, District Judge:

On June 10, 2019, the Court entered an Order, setting a deadline of
November 15, 2019, for the filing of pre-motion letters concerning
contemplated summary judgment motions. (Dkt. #230). Plaintiff requested
leave to file a motion for summary judgment for the first time on February 25,
2020. (Dkt. #450). On February 27, 2020, the Court entered an Order
requiring Plaintiff to file a letter on or before March 6, 2020, demonstrating
good cause as to why she failed to file a pre-motion submission by the
November 15, 2019 deadline. (Dkt. #455). The Court is in receipt of Plaintiff’s
March 6, 2020 letter seeking leave to file a motion for summary judgment and
attempting to demonstrate good cause as to why she did not comply with the
Court’s June 10, 2019 Order. (Dkt. #459). The Court is also in receipt of the
Leigh Defendants’ March 12, 2020 Letter in opposition to Plaintiff’s request.
(Dkt. #463, 464).
Plaintiff’s application to file an untimely motion for summary judgment is
hereby DENIED. Plaintiff has failed to establish good cause for her failure to
abide by the Court’s June 10, 2019 Order, which gave the parties five months
in which to make pre-motion submissions for anticipated motions for summary

judgment. Nor has Plaintiff established that her failure to do so was the result
of excusable negligence. Further, upon review of Defendants’ motion for
summary judgment papers, Plaintiff’s opposition papers, and the exhibits that
Plaintiff has submitted to the Court to demonstrate the likelihood of success of
her anticipated motion for summary judgment, the Court concludes that
Plaintiff’s motion for summary judgment, were it to be filed, would not have a
reasonable likelihood of success. Thus, it would be a waste of the parties’ and
the Court’s resources to allow Plaintiff to file an untimely motion for summary
judgment. In so deciding, the Court does not express any opinion as to the
likelihood of success of Defendants’ motion for summary judgment, which has
not yet been fully briefed.
SO ORDERED.
Dated:

March 18, 2020
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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