Zhang et al v. New Beijing Wok, Inc. et al

Filing 108

ORDER granting in part 107 Letter Motion to Adjourn Conference. Application GRANTED IN PART. The status conference scheduled for Friday, December 8, 2023, at 10:00 A.M. is adjourned to Thursday, December 21, 2023, at 2:00 P.M. The conference wi ll be held in person in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. At least one attorney familiar with the matter must attend in person on behalf of the Plaintiff and Ms. Siu. The Court will deny a ny motions to attend the conference remotely or to change the date and time of the conference unless the request includes a mutually agreeable date and time on which both attorneys can appear in person. SO ORDERED. Status Conference set for 12/21/2023 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/7/2023) (mml)

MEMO ENDORSED
TROY LAW, PLLC

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/7/2023

ATTORNEYS/COUNSELORS AT LAW
Tel: [phone] [e-mail] Fax: [phone]
41-25 Kissena Blvd., Suite 110, Flushing, New York 11355
December 7, 2023
Via ECF
Hon. Valerie E. Caproni, U.S.D.J.
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
Re: Plaintiffs Letter Request for Adjournment of Conference Scheduled
December 8, 2023, to another date:
Zhang et al. v. New Beijing Wok, Inc. et al, 17-cv-07465-VEC
9465
Your Honor,
We represent the Plaintiffs in the above referenced matter. We write with the consent of
the defendants pursuant to Your Honors Order dated December 4, 2023, stating that the parties
will have a conference in the above referenced matter on December 8, 2023, in person. See Dkt.
No. 106. Plaintiffs respectfully request for an adjournment of the scheduled conference to a date
that plaintiff has stated later in his paper. This is plaintiff’s first request and granting such request
will not prejudice any party in the above referenced matter.
Plaintiff seeks an adjournment of the conference scheduled tomorrow due to the fact that
the attorney that was supposed to take the conference, Aaron Schweitzer, has run into a conflict.
Currently Attorney Schweitzer is engaged in a trial in the Eastern District Court in front of
Honorable Judge Orelia E. Merchant, 1:20-cv-03667 Cui et al v. D Prime Inc. The trial was set to
end today but from Attorney Schweitzer’s understanding, it looks as the trial will be going into the
next day for the parties are not done yet. As a result of this, Attorney Schweitzer is no longer
available tomorrow to go to Your Honors conference. Plaintiffs would like Attorney Schweitzer
in attendance at the conference for Mr. Schweitzer is the one who knows best about the information
at hand that Your Honor would like to discuss with the parties at the conference tomorrow.
In addition to Mr. Schweitzer not being available, plaintiff now have one less attorney at
the firm for the day, and with this plaintiff now run into a scheduling conflict with Your Honors
conference and other pre-scheduled committed things. Currently, plaintiff has a scheduled
deposition in another matter, 1:20-cv-05484 Yuan et al v. AA Forest Inc et al, that is set to start at
09:00 am. With the deposition set to begin at 09:00 am, plaintiff does not have anyone to send to
Your Honors conference scheduled at 10:00 am on the same day.
Plaintiff has conferred to the defendants via email and the parties are available the
following dates:

December 21, 2023, in the afternoon; and
December 22, 2023, in the afternoon
All the dates that plaintiff has suggested, plaintiff are only available via telephone for plaintiff has
other prescheduled commitments throughout the days they have stated but Mr. Schweitzer can take
some time away from those commitments to take Your Honors conference. In addition, plaintiff
cannot propose any other dates for Attorney Schweitzer is set to appear in two separate trials in
the next two weeks. Between December 11 to December 14, 2023, attorney Schweitzer is set to
appear in the Northern District of New York Court for 1:19-cv-00873 Li v. Spa Nail 9 Inc et al;
and between December 18 to December 20, 2023, Attorney Schweitzer is set to appear in the
Middle District of Pennsylvania District Court for 4:21-cv-01203 Xue et al v. John’s Shanghai
LLC et al. Defendants do not consent to a conference by telephone.
For the reasons stated above, plaintiff respectfully requests for the court to adjourn the
conference scheduled for December 8, 2023, to a date that the parties have set out above. We
thank the court for their time and consideration and apologize for the last-minute filing of this
adjournment letter.
Respectfully Submitted,
/s/ John Troy
John Troy

JT/gd
Application GRANTED IN PART. The status conference scheduled for Friday, December 8,
2023, at 10:00 A.M. is adjourned to Thursday, December 21, 2023, at 2:00 P.M.
The conference will be held in person in Courtroom 443 of the Thurgood Marshall
Courthouse, 40 Foley Square, New York, New York, 10007. At least one attorney familiar
with the matter must attend in person on behalf of the Plaintiff and Ms. Siu. The Court will
deny any motions to attend the conference remotely or to change the date and time of the
conference unless the request includes a mutually agreeable date and time on which both
attorneys can appear in person.
SO ORDERED.

12/7/2023
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE