Burton et al v. America et al

Filing 179

ORDER granting 178 Letter Motion for Discovery. Application GRANTED. Plaintiffs Acosta, Martinez and Sanchez, Jr. and Mr. Burton may appear remotely. Plaintiffs' counsel shall bring a laptop to the conference to facilitate remote access. An electronic device Order is available on the Court's website. If Plaintiffs prefer Zoom, they must facilitate access using that platform. Otherwise, the Court can provide access via Microsoft Teams. Plaintiffs may arrange for an interpreter at Plaintiffs' expense. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/12/2025) (jjc)

3/12/2025

March 12, 2025
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Southern District of New York
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Re: Burton, et al v. Bussanich, et al., 18 CV 2039 (JLR)(SDA)
Your Honor:
I am co-counsel for Plaintiffs in this medical malpractice and wrongful death action
brought against the United States under the Federal Tort Claims Act, and against certain
individuals employed by the Bureau of Prisons (the “BOP”) under Bivens. This action arises
from the death of Franklin Sanchez, a Colombian citizen who was in BOP custody after being
extradited to the United States when he died. Plaintiffs write in advance of the April 4, 2025
settlement conference to make requests regarding attendance and logistics.
Plaintiffs Magda Acosta, Francy Martinez, and Franklin Sanchez, Jr., reside in Colombia
and therefore cannot enter the United States without a visa. Upon information and belief, the
wait time for this visa is several years and involves monetary requirements that the Plaintiffs
cannot meet. As such, these Plaintiffs respectfully request leave to appear for the settlement
conference via Zoom. Defendants consent to this request.
Additionally, the administrator of Mr. Sanchez’s estate is Kenneth Mark Burton. Under
New York State surrogates’ law for settling lawsuits, Mr. Burton would not be a decisionmaker
for purposes of agreeing to any settlement. The decision makers would be Mr. Sanchez’s wife
and children who are Plaintiffs in this lawsuit who as noted above are requesting to appear
remotely. Therefore, Plaintiffs respectfully request that the Court excuse Mr. Burton’s attendance
from the settlement conference.
Finally, Plaintiffs require the presence of a Spanish translator for the settlement
conference, and respectfully request permission to arrange for the presence of a certified federal
court interpreter.
Plaintiffs thank the Court for its time and consideration.
Respectfully Submitted,
/S/
Jessica Massimi