Moses et al v. Griffin Industries, LLC et al

Filing 739

ORDER granting 737 Letter Motion for Extension of Time to File ; granting 737 Letter Motion to Stay re: 737 CONSENT LETTER MOTION for Extension of Time to File - Plaintiffs' Motion for Clarification, Reconsideration and Certificat ion for an Interlocutory Appeal addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 5, 2024. LETTER MOTION to Stay - All discovery deadlines pending settlement conference addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 5, 2024. SO ORDERED. The Clerk of the Court is respectfully directed to terminate the motion filed at ECF No. 737. (Signed by Judge Andrew L. Carter, Jr on 4/9/2024) (ate)

USDC SDNY

DOCUMENT
ELECTRONICALLY FILED
DOC#: _ _ __ _ __ _
A DVOCATES FOR JUSTICE

DATE FILED: ....:.
4=
/ 9.;..::
/2=02=4-.___ _
Brent E. Pelton, Esq.
[e-mail]

April 9, 2024

VIACM/ECF
Honorable Andrew L. O uier, Jr.
United States District Comi
Southern District of New York
40 Foley Square, Room 435
N ew York, New York 10007

Re:

Moses, et aL v. Consolidated Edison Company ofN ew York, Inc., et al.
Civil Action No.: 18-CV-1200 (ALC)(OTW)

Dear Judge Calier:
This office, along with om co-counsel, represents the plaintiffs in the above-referenced
action. We write to respectfully request (1) an extension of the deadline by which plaintiffs must
file a motion for clarification and reconsideration of the Comi's March 28, 2024 Opinion & Order
granting Consolidated Edison Company of New York, Inc.'s ("Con Ed") motion for sllilllllaiy
judgment (Dkt. No. 736 [th e "Order"]); (2) an extension of the deadline by which plaintiffs must
file a motion to ce1iify the Order for interlocuto1y appeal; and (3) a stay of all discove1y deadlines
pending a settlement conference with Magistrate Judge Wang 1. Defendants consent to the filing
of the motion for clarification to the extent the Order addressed Count Ten of the operative
complaint and agreed to a temporaiy discove1y stay pending the settlement conference, but
Defendants reserve the right to oppose any motion for reconsideration or for interlocuto1y appeal
of th e Order.
Pursuant to Local Civil Rule 6.3, a motion for reconsideration must be served within
fomieen (14) days after the entiy of the comi's detennination of the original motion. Plaintiffs
anticipate making a motion for clarification and reconsideration of the Order and for leave to seek
interlocuto1y appeal concerning the Order. The cmTent deadline for seeking such relief is
Thmsday, April 11, 2024. Plaintiffs have conferred with counsel for Con Ed an d all pa1iies agree
to the sho1i extension of the filing deadline and the following briefing schedule for the anticipated
motion:
Plaintiffs' Deadline to File the Motion(s) :
Con Ed's Deadline to Oppose the Motion(s) :
Plaintiffs' Deadline to Reply:

April 25, 2024
May 9, 2024
May 16, 2024

1

This letter replaces the one fi led with the Court on April 5, 2024 at Docket No. 737, which was inadvertently fi led
without a ny content.

New York: 111 Broadway, Suite 1503, New York, NY 10006 Tel. [phone] Fax [phone]
San Francisco: 220 Montgomery Street, Suite 2100, San Francisco, CA 94104 Tel. [phone]

www.PeltonGraham.com

Hon. Andrew Carter, Jr.
Request to Extend Deadline for Plaintiffs’ Motion for Reconsideration and Stay of Deadlines
Page 2 of 2

In addition, the parties have conferred and have agreed to revisit their prior settlement
discussions by attending a further settlement conference before Magistrate Judge Wang.2 In order
to dedicate the parties’ resources to their settlement efforts, rather than to completing several
outstanding depositions and expert discovery, the parties believe that a stay of all discovery,
including the current May 10, 2024 deadline for fact discovery and June 14, 2024 deadline for
expert discovery, pending the outcome of the settlement conference is appropriate.
This is the first request to extend the deadline by which plaintiffs can make a motion for
reconsideration of the Summary Judgment Order and for certification of the Order for interlocutory
appeal and it is made on consent of all parties.
We appreciate Your Honor’s attention to this matter.
Respectfully submitted,
/s/ Brent E. Pelton
Brent E. Pelton, Esq. of
PELTON GRAHAM LLC

cc:

All counsel (via CM/ECF)
Chambers of Hon. Andrew L. Carter, Jr. (via e-mail)

Dated: April 9, 2024
The Clerk of the Court is
respectfully directed to
terminate the motion filed
at ECF No. 737

2

The parties intend to file a separate request with Magistrate Judge Wang regarding scheduling a settlement
conference.
www.PeltonGraham.com