Abusikin v. City of New York et al

Filing 104

ORDER: denying as moot 102 Letter Motion to Compel. Pursuant to Plaintiff's letter dated October 22, 2021, ECF No. 103, Defendant's motion is DENIED as moot. SO ORDERED. (Signed by Judge Analisa Torres on 10/22/2021) (ama)

10/22/2021
THE CITY OF NEW YORK

LAW DEPARTMENT

GEORGIA M. PESTANA
Corporation Counsel

100 CHURCH STREET
NEW YORK, NY 10007

John Schemitsch
Senior Counsel
Phone: [phone]
Fax: [phone]
[e-mail]

October 20, 2021
BY ECF
Honorable Analisa Torres
United States District Judge
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Garelnabi Abusikin v. City of New York, et al., 18-CV-4582 (AT) (KNF)

Your Honor:
I am a Senior Counsel in the office of Georgia M. Pestana, Corporation Counsel
of the City of New York, representing defendants City of New York and Officer Mirjan Lolja in
the above-referenced matter. Defendants respectfully request an order directing plaintiff to
produce to defendants his portions of the joint pretrial order, joint request to charge, joint
proposed verdict form, and joint proposed voir dire questions (“pre-trial filings”) by close of
business October 21, 2021 in order for defendants to finalize their portions of the documents so
the parties may submit them by the Court’s November 1, 2021 deadline.
By way of background, as the undersigned has previously advised the Court,
defendants have repeatedly reached out to plaintiff’s counsel, requesting he provide his portions
of the pre-trial filings, so defendants may draft and provide their portions for any necessary
response by plaintiff. (See ECF No. 94, 96, and 100). Plaintiff’s counsel provided a preliminary
draft of his portion of the joint pre-trial order, notably missing portions including specific
transcript citations for testimony plaintiff planned to use in his case in chief. Plaintiff’s counsel
did not provide any of plaintiff’s portions of the remaining pre-trial filings. As such, the Court
adjourned the trial scheduled to begin on October 25, 2021, and directed the parties to submit the
pre-trial filings by November 1, 2021. (See ECF No. 101). The undersigned wrote to plaintiff’s
counsel on September 24, 2021 by e-mail, requesting plaintiff provide his portions of the pretrial filings by no later than October 8, 2021 so that defendants could draft their portions and
send back for any necessary responses. Plaintiff’s counsel responded the same day, advising he
was working on the additional documents. Having received no further response, the undersigned
followed up with plaintiff by e-mail on October 14, 2021. To date, the undersigned has received