Baten-Perez et al v. Ak Cafe of New York LLC et al

Filing 58

MEMO ENDORSEMENT on 57 denying Motion to Strike document from the record. ENDORSEMENT: The Court will in this instance deem the filing of the amended motion an application for reinstatement, which is granted as of today. The summary judgment mot ion shall be briefed in accordance with SDNY Local Civil Rule 6.1, with today being deemed the filing date of the motion. The foregoing motion to strike is denied. DE # 57 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/27/2020) (ama)

Case 1:17-cv-05931-LTS-DCF Document 57 Filed 10/23/20 Page 1 of 2

Michael Faillace & Associates, P.C.
Employment and Litigation Attorneys
60 East 42nd Street, Suite 4510
New York, New York 10165
_________

Telephone: [phone]
Facsimile: [phone]

October 23, 2020
BY ECF
Honorable Laura Taylor Swain
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Re:

MEMO ENDORSED

Baten-Perez v. AK Café of New York LLC. et al.,
17-cv-5931 (LTS) (DF)

Dear Judge Swain:
We represent Plaintiff Efrain Baten-Perez in the above-referenced matter. We write this
letter motion to strike Defendants’ “amended” summary judgment motion as untimely. Judge
Freeman’s pretrial schedule Order, issued July 29, 2020, provided an August 26 deadline for
dispositive motions, which was later extended by until October 9, 2020.
By Order of October 14, 2020 Your Honor terminated Defendants Motion for Summary
Judgment (Dkt 49) without prejudice to reinstatement upon application, and upon notice to adverse
parties and accompanied by the requisite certification. Plaintiff and Defendant’s counsel held a
telephone call on October 19, 2020, during which conversation, Plaintiff’s counsel agreed to drop
the Eighth Cause of Action as to all Defendants.
On October 22, Defendant filed an “Amended Motion” for summary judgment along with
a revised Memorandum of Law. Defendant however, made no application for reinstatement of
motion to the court.
Plaintiff is prepared to oppose Defendant Dogan’s motion but believes that the filing of the
instant motion will delay the ultimate resolution of this matter by settlement or trial. Mr. Dogan’s
motion relies heavily on the testimony of Mr. Dogan himself in a deposition taken of him. Plaintiff
Certified as a minority-owned business in the State of New York

Case 1:17-cv-05931-LTS-DCF Document 57 Filed 10/23/20 Page 2 of 2
Page 2
contests many of Mr. Dogan’s assertions. Accordingly, this issue is very much a dispute of fact
which would best be addressed at trial.
Plaintiff therefore respectfully requests that the motion for summary Judgment be stricken
as untimely, and that any dispute of fact as to Mr. Dogan’s status as employer be addressed at trial.
We thank the Court for its attention to this matter.

Respectfully Submitted,

/s/ Daniel Tannenbaum
Michael Faillace & Associates, P.C.
Attorneys for Plaintiff

cc: (By ECF)
Dove Burns
Stacey Pitcher
Emre Polat
Attorney for Defendants

The Court will in this instance deem the filing of the amended
motion an application for reinstatement, which is granted as of
today. The summary judgment motion shall be briefed in
accordance with SDNY Local Civil Rule 6.1, with today being
deemed the filing date of the motion. The foregoing motion to
strike is denied. DE#57 resolved.
SO ORDERED.
10/27/2020
/s/ Laura Taylor Swain, USDJ