Jacobs et al v. City of New York et al

Filing 53

ORDER granting 52 Letter Motion to Stay re: 52 JOINT LETTER MOTION to Stay Discovery and Status Report addressed to Judge Vernon S. Broderick from Brian Francolla dated November 30, 2021. APPLICATION GRANTED. The stay is extended until January 11, 2022, but the parties are informed that no further extensions of the stay will be granted. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 12/1/2021) (kv)

12/1/2021

THE CITY OF NEW YORK

LAW DEPARTMENT

GEORGIA M. PESTANA
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

The stay is extended until January 11, 2022, but the
parties are informed that no further extensions of the
stay will be granted.
BRIAN FRANCOLLA
Senior Counsel
Phone: [phone]
[e-mail]

November 30, 2021
VIA ECF
Honorable Vernon S. Broderick
United States District Judge
Southern District of New York
40 Foley Square
New York, New York 10007
Re:

Jarzette Jacobs Administrator of Estate of Jah’Lire Nicholson et al. v. City, et al.,
18-CV-3275 (VSB)

Your Honor:
I am a Senior Counsel in the Office of Georgia M. Pestana, Acting Corporation Counsel of
the City of New York, representing defendants City of New York, Police Officer Daniel Decario, and
Police Officer Djafar Tsaabbast in the above-referenced matter. Defendants write respectfully on behalf
of the parties to advise the Court of the status of this action and request that the stay be extended until
January 11, 2022.
The parties have made progress since their last status report on September 30, 2021. In
that regard, plaintiffs’ counsel has advised me that they expect to be in a position to furnish their expert
report within two weeks. Upon receipt, I will review it for purposes of determining whether defendants
are interested in pursuing settlement. Due to the complexity of this matter, the size of the evidentiary
record and the holiday season, my expectation is that I will be able to complete that process on or before
January 11, 2022. The parties therefore request permission to provide a status report on that date. We
expect that by that date we will be in a position to either explore meaningful settlement discussions or
have the stay removed and proceed with the remainder of discovery.

Thank you for your consideration herein.
Respectfully submitted on behalf of the
parties,
GEORGIA M. PESTANA
Corporation Counsel of the City of New York
Attorney for Defendants City, Decario, and
Tsaabbast
100 Church Street, 3rd Floor
New York, New York 10007
[phone]
By: /s/ Brian Francolla
Brian Francolla
Senior Counsel
CC:

VIA ECF
Gabriel Paul Harvis
Baree Nichole Fett
Elefterakis, Elefterakis & Panek
Plaintiffs’ Counsel
80 Pine Street, 38th Floor
New York, New York 10005
[phone]

CC:

VIA ECF
Jeffrey Adam Rothman
Plaintiffs’ Counsel
305 Broadway, Suite 100
New York, New York 10007
[phone]

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