Gayle v. Allee et al

Filing 63

ORDER: Accordingly, Gayle shall have 60 days from counsel's filing of a notice of appearance to supplement his briefing in opposition to Defendants' motion to dismiss. Defendants shall have 30 days from the filing of Gayle's suppleme ntal brief to submit a further reply. In the event that counsel has not filed a notice of appearance by October 30, 2020, the motion pending at Dkt. 56 will be deemed fully briefed.The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff Gayle. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/25/2020) (mml) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 9-25-20

ITOFFEE R. GAYLE,
Plaintiff,
No. 18-CV-3774 (RA)
v.
ORDER
DAVID S. ALLEE AND MORGAN LEHMAN
GALLERY,
Defendants.
RONNIE ABRAMS, United States District Judge:
Plaintiff Itoffee Gayle, proceeding pro se, filed an amended complaint on July 14, 2020.
Dkt. 55. Defendants moved to dismiss the amended complaint on July 28, 2020. Dkt. 56. Gayle,
who had then been unable to retain counsel to represent him, filed a brief opposition on August
24, 2020, Dkt. 59, and Defendants replied on August 31, 2020, Dkt. 60. Since that time, however,
the Court has been advised that pro bono counsel seeks to represent Gayle in connection with
Defendants’ motion to dismiss, so long as the briefing on that motion is reopened. It is the Court’s
understanding that pro bono counsel will soon file a notice of appearance. Accordingly, Gayle
shall have 60 days from counsel’s filing of a notice of appearance to supplement his briefing in
opposition to Defendants’ motion to dismiss. Defendants shall have 30 days from the filing of
Gayle’s supplemental brief to submit a further reply. In the event that counsel has not filed a notice
of appearance by October 30, 2020, the motion pending at Dkt. 56 will be deemed fully briefed.
The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff Gayle.
SO ORDERED.
Date: September 25, 2020
New York, New York
_______________________________
RONNIE ABRAMS
United States District Judge