Colson v. Mingo et al

Filing 115

ORDER granting 114 Letter Motion for Extension of Time to File. Application GRANTED. Further extension requests are unlikely to be granted. The Clerk of Court is directed to terminate ECF No. 114. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/3/2022) (tg)

Case 1:18-cv-02765-JMF-VF Document 115 Filed 08/03/22 Page 1 of 2

THE CITY OF NEW YORK

LAW DEPARTMENT

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

EVAN J. GOTTSTEIN
Assistant Corporation Counsel
phone: [phone]
fax: [phone]
[e-mail]

August 2, 2022
BY ECF
Honorable Jesse M. Furman
United States District Court
Southern District of New York
40 Centre Street
New York, New York 10007
Re:
Your Honor:

Ronald Colson v. Warden Mingo, et al.
18 Civ. 2765 (JMF) (VF)

I am an Assistant Corporation Counsel in the Office of the Honorable Sylvia O. HindsRadix, Corporation Counsel of the City of New York, and the attorney assigned to represent
defendants in the above-referenced matter. Defendants write to respectfully request a 5-week
extension of time to file their motion for summary judgment, from August 4, 2022, until September
8, 2022. 1
Defendants request this extension for two reasons. First, the undersigned is currently in
trial in another matter pending in this district – Rosario v. City of New York, et al., Civil Docket
No. 18-CV-4023 (LGS) – which is expected to continue for another week and a half and conclude
on or about August 12, 2022. 2 Additionally, in the parties’ last letter regarding the briefing
schedule for defendants’ motion for summary judgment, they informed the Court that they were
still working to schedule the last two depositions in this action and were hoping to complete those
depositions during the third week of June. See ECF No. 113. Unfortunately, due to multiple
scheduling conflicts, the parties were only able to complete those depositions on Thursday, July

1

Defendants have sought but not yet received plaintiff’s position regarding consent but submit
this application in accordance with Your Honor’s Individual Rules and Practices in Civil Cases,
which require this request to be made at least 48 hours prior to the August 4th deadline.
2

At the time defendants proposed August 4, 2022 as their summary judgment filing deadline in
the parties’ last letter, ECF No. 113, the undersigned had not yet been assigned to the Rosario trial.

Case 1:18-cv-02765-JMF-VF Document 115 Filed 08/03/22 Page 2 of 2

21st. Accordingly, the parties have not yet received the transcripts for these depositions, which
may be necessary to cite in defendants’ motion for summary judgment.
For these reasons, defendants respectfully request an extension until September 1, 2022, to
file their motion for summary judgment. Defendants do not know how much time plaintiff will
require to oppose the motion, but defendants propose corresponding 5-week extensions of
plaintiff’s opposition deadline (from September 1 until October 6, 2022), and defendants’ reply
deadline (from September 15 until October 20, 2022).
Defendants thank the Court for its attention to this matter.
Respectfully submitted,

Evan J. Gottstein

/s/

Evan J. Gottstein
Assistant Corporation Counsel
Special Federal Litigation Division
cc:

Ronald Colson (By Mail)
Plaintiff Pro Se
DIN 13-A-4431
Green Haven Correctional Facility
P.O. Box 4000
Stormville, New York 12582-4000
Allan Ahearne, Esq. (By ECF)
Pro Bono Counsel for Plaintiff
The Ahearne Law Firm, PLLC
25 Railroad Avenue
Warwick, New York 10990

Application GRANTED. Further extension requests are unlikely to be
granted. The Clerk of Court is directed to terminate ECF No. 114.
SO ORDERED.

August 3, 2022

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