J.L. v. New York City Department of Education et al

Filing 186

ORDER granting 185 Letter Motion to Adjourn Conference; granting 185 Letter Motion for Extension of Time to File. APPLICATION GRANTED. ( Telephone Conference set for 11/4/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/15/2021) (vfr)

10/15/2021

THE CITY OF NEW YORK
GEORGIA M. PESTANA
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

PHILIPS. FRANK
Phone: [phone]
Fax: [phone]
[e-mail]
(notforseIVice)

October 14, 2021

BYECF
Honorable Katharine H . Parker
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re: J.L., et al. v. NYC Dep 't ofEducation, et ano.,
No. 17-CV-7150 (WHP) (KHP)

10/15/2021

Your Honor:
I am the Assistant Corporation Counsel in the Office of the Corporation Counsel of
the City of New York assigned to represent Defendants New York City Department of Education
(DOE) and Chancellor Meisha Porter in the above-referenced matter, in which Plaintiffs allege
that their rights were violated due to alleged systemic delays in providing their children
coordinated nursing, transportation, and porter services.
I write to respectfully request: (1) an adjournment of the case management
conference currently scheduled for October 26, 2021, at 3:00 p.m., until the following week on
November 4, 2021, at 12:00 p.m., at which date and time the Court already has scheduled the next
case management conference in this matter; (2) a one-week extension of time, from October 14,
2021 until October 21, 2021, for Defendants to file their opposition letter to Plaintiffs' letter dated
September 9, 2021 (Dkt. No. 179), wherein Plaintiffs seek to compel the production of a sample
of documents withheld by Defendants under various privileges; and (3) a corresponding extension
of time, from October 19, 2021 until October 26, 2021 , for Plaintiffs to file their reply letter.
There are several reasons for the requested adjournment and extension of time.
First, on the date of the case management conference, October 26, 2021, I will be on trial in the
Southern District of New York in another matter and, therefore, unable to attend the conference.
As to the extension of time for Defendants' opposition letter, although on October 7, 2021,

Defendants produced to the Court for in camera review the documents at issue in Plaintiffs' motion
to compel, on that date, I inadvertently saved over my finalized draft of Defendants' substantive
opposition letter and lost all of my work. And today, I learned that my office's IT Department was
unable to retrieve the prior version of the file containing all my work. Accordingly, I have to
redraft Defendants' opposition letter from scratch, while simultaneously preparing for trial in the
other matter, including the drafting and filing of pretrial submissions, which are due this week
The enlargement of time, therefore, will enable me to redraft Defendants' opposition letter, file it
with the Court, and attend the case management conference that is already scheduled in this matter
the week following my trial, on November 4, 2021, at 12:00 p.m.
This is the first request to adjourn the conference and the second request for such
an extension of time. Counsel for Plaintiffs does not consent to the request for an extension of
time on the grounds that Defendants previously received a one-week extension of time for the
opposition letter. Plaintiffs, however, will not be prejudiced by the additional, brief one-week
extension. And counsel for Plaintiffs does consent to the request for an adjournment of the
conference.
I thank the Court for its consideration of the within.

Respectfully submitted,

s/
Philip S. Frank
Assistant Corporation Counsel
cc:

All counsel (via ECF)

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