Kairam, M.D. v. West Side GI, LLC

Filing 286

ORDER denying without prejudice 285 Letter Motion to Adjourn Conference. Application DENIED WITHOUT PREJUDICE. Defendants may renew their motion after consulting with Plaintiff's counsel. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/25/2023) (kl)

Case 1:18-cv-01005-AT-SDA Document 286 Filed 01/25/23 Page 1 of 2

RYAN SESTACK
[e-mail]

1/25/2023

JEFFREY CAMHI
[e-mail]

ATTORNEYS AT LAW
ONE BATTERY PARK PLAZA
28TH FLOOR
NEW YORK, NY 10004
PHONE: [phone]
FAX: [phone]
WWW.GRSM.COM

LINDSEY BLACKWELL
[e-mail]
COPATRICK THOMAS
[e-mail]

January 25, 2023
VIA ECF
Honorable Stewart D. Aaron
United States Magistrate Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Application DENIED WITHOUT PREJUDICE. Defendants may
renew their motion after consulting with Plaintiff's counsel.
SO ORDERED.
Dated: January 25, 2023

Kairam v. Westside GI, LLC
Docket Number 1:18-cv-1005 (AT) (SDA)

Dear Judge Aaron:
This firm represents Defendants Westside GI, LLC (“WSGI” or “Westside GI”) and Drs.
Peter Distler and Ricardo Pou (collectively, the “Defendants”) in the above-referenced action.
Pursuant to Rule I.D of the Court’s Practices, and in light of defense counsel’s prior scheduling
conflicts, we write to respectfully request an adjournment of the discovery hearing recently
scheduled for January 31, 2023, as well as a corresponding extension of the parties’ time to submit
their joint or separate letters in advance of the discovery hearing.
As the Court is aware, yesterday afternoon, Your Honor scheduled a discovery hearing in
this matter to take place on Tuesday, January 31, 2023 (see ECF No. 284). The Court also ordered
the parties to “continue to meet and confer regarding the outstanding discovery disputes and, no
later than Monday, January 30, 2023, . . . file a joint letter (or if the parties cannot agree, separate
letters) setting forth each remaining discovery dispute and the efforts made to consensually resolve
each dispute.”
Defendants now write to respectfully request an adjournment of the discovery hearing, to
February 14, 2023, as well as a corresponding extension of the parties’ time to submit any joint or
separate letters, to February 13, 2023. As Defendants’ lead defense counsel, Jeffrey Camhi, is in
arbitration in Kansas City, Missouri all of next week and in Florida for a hearing the following
week, he will be unavailable from January 30, 2023 to February 10, 2023. In addition, senior

Case 1:18-cv-01005-AT-SDA Document 286 Filed 01/25/23 Page 2 of 2

defense counsel Lindsey Blackwell will be travelling and unavailable on January 31, 2023 and
from February 2, 2023 to February 6, 2023.1
If granted, Defendants’ requests should allow the parties adequate time to continue to meet
and confer and to prepare their letter(s) per the Court’s Order, and will also allow Defendants’ lead
counsel an opportunity to appear at the discovery hearing on behalf of Defendants.
This is Defendants’ first request for an adjournment of the discovery hearing, although, as
the Court is aware, the parties have previously requested and received extensions of time to confer
regarding outstanding discovery issues. Notably, an adjournment of time will not prejudice
Plaintiff in any way, as the discovery hearing can be held in relatively short order. By contrast,
Defendants’ would be significantly prejudiced if their lead counsel is not able to attend the hearing.
We apologize for any inconvenience to the Court or the parties, and thank you for your
consideration of this matter.
Respectfully submitted,
GORDON REES SCULLY
MANSUKHANI, LLP

Copatrick Thomas
Copatrick Thomas, Esq.
cc:

Attorneys of Record (via ECF)

1

Although Ms. Blackwell and the undersigned are not lead defense counsel in this matter, they are available to
attend the discovery hearing beginning on February 7, 2023, if necessary.

2