Massey v. Morgan

Filing 73

ORDER granting 72 Letter Motion for Extension of Time to File. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 1/20/2021) (js)

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Case 1:18-cv-03994-ALC-KHP Document 73 Filed 01/20/21 Page 1 of 2 January 20, 2021 THE CITY OF NEW YORK LAW DEPARTMENT JAMES E. JOHNSON Corporation Counsel 100 CHURCH STREET NEW YORK, NY 10007 STEFANO PÉREZ Assistant Corporation Counsel phone: (212) 356-2381 fax: (212) 356-3509 sperez@law.nyc.gov January 19, 2021 VIA ECF Honorable Katharine H. Parker United States Magistrate Judge United States District Court Southern District of New York 500 Pearl Street, Room 750 New York, New York 10007-1312 Re: Tyrone Massey v. Captain Josette Morgan, 18-CV-3994 (ALC) (KHP) Your Honor: As the attorney assigned to the defense of this matter, I write to respectfully request a brief two-week extension of time within which defendant may serve its opposition to plaintiff’s motion for summary judgment and its anticipated cross-motion for summary judgment from January 22, 2021 to February 5, 2021; and (2) a corresponding extension of the time within which plaintiff is to serve his reply from February 14, 2021 to March 1, 2021. This application is made without plaintiff’s consent, as plaintiff, who appears pro se, is incarcerated and thus, cannot be reached expeditiously. This is defendant’s first request for an extension of time to file its opposition and cross-motion. As Your Honor knows, plaintiff asserts a claim against defendant for deliberate indifference to plaintiff’s serious medical needs. On December 15, 2020, plaintiff filed a motion for summary judgment consisting of 62 pages. Due to the holidays, the undersigned’s mandatory furlough days, and pre-existing legal commitments in other matters, I will not be able to complete defendant’s opposition and cross-motion by the current due date of January 22, 2021. Accordingly, defendant respectfully seeks a brief two-week enlargement from January 22, 2021 to February 5, 2021, to file its opposition and cross-motion. Thank you for your consideration herein. Respectfully submitted, Stefano Pérez January 20, 2021 S/ ____________ Stefano Pérez Assistant Corporation Counsel Special Federal Litigation Division Case 1:18-cv-03994-ALC-KHP Document 73 Filed 01/20/21 Page 2 of 2 cc: BY FIRST CLASS MAIL Tyrone Massey Book and Case No. 8952000522 Plaintiff Pro Se Manhattan Detention Complex 125 White Street New York, New York 10013 2

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