Abusikin v. City of New York et al

Filing 124

ORDER granting in part and denying in part 123 Letter Motion to Adjourn Conference. This case is now the primary backup case for February 15, 2022. Defendants' motion for an adjournment of trial is DENIED. As the Court has stated previousl y, this case must be trial ready on February 15, 2022. Because defense counsel will likely be in trial on February 1, 2022, the pretrial conference scheduled for that date is ADJOURNED to February 3, 2022, at 3:00 p.m. SO ORDERED. Final Pretrial Conference set for 2/3/2022 at 03:00 PM before Judge Analisa Torres.. (Signed by Judge Analisa Torres on 1/26/2022) (kv)

Case 1:18-cv-04582-AT-KNF Document 124 Filed 01/26/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GARELABI ABUSIKIN,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: _1/26/2022___

Plaintiff,
-againstTHE CITY OF NEW YORK, POLICE OFFICER
MIRJAN LOLJA, and JOHN DOES 1–2,

18 Civ. 4582 (AT)
ORDER

Defendants,
ANALISA TORRES, District Judge:
On December 3, 2021, the Court informed the parties via email that the trial date in this
matter was set for February 15, 2022. The Court confirmed that trial date in an order dated
December 14, 2021, in which the Court informed the parties that this case was the secondary
backup case for February 15, 2022 and would proceed if the primary and primary backup cases
do not go forward. ECF No. 119. In that same order, the Court instructed that “[t]he case must
. . . be trial ready for that date.” Id. (emphasis in original).
On January 12, 2022, Defendants filed a letter asking the Court to confirm if trial would
begin on February 15, 2022. ECF No. 120. In that letter, defense counsel represented that he
has another trial scheduled to begin on January 31, 2022, and he sought “the Court’s clarification
on whether the instant trial remains the secondary back-up trial for February 15, 2022, and if the
Court anticipates it going forward so [his] office [could] re-assign this case.” Id. On January 14,
2022, the Court informed the parties that, “[i]n light of the uncertainty created by the current
state of the COVID-19 pandemic, the Court cannot provide an update on whether the trial shall
begin as scheduled on February 15, 2022. As was stated in the Court’s order dated December
14, 2021, ‘[t]he case must . . . be trial ready for that date.’ ECF No. 119. . . . Accordingly, the
parties are directed to proceed as if the trial shall begin on February 15, 2022.” Id. (emphasis in
original).
On January 25, 2022, Defendants filed a letter with the Court requesting an adjournment
of trial. ECF No. 123. Defense counsel, again, stated that he has a three-day trial scheduled to
begin on January 31, 2022, and asserted that he will not have enough time to prepare for trial in
this matter. Id.
This case is now the primary backup case for February 15, 2022. Defendants’ motion for
an adjournment of trial is DENIED. As the Court has stated previously, this case must be trial
ready on February 15, 2022. Because defense counsel will likely be in trial on February 1,
2022, the pretrial conference scheduled for that date is ADJOURNED to February 3, 2022, at
3:00 p.m.
SO ORDERED.
Dated: January 26, 2022
New York, New York