Abusikin v. City of New York et al

Filing 65

ORDER granting in part and denying in part 64 Letter Motion to Stay. GRANTED in part, DENIED in part. The Court will not extend the time to file pre-motion letters pending the disposition of Defendant's motion to dismiss for failure to prose cute, ECF No. 60. If, however, Defendant requires further discovery before filing a summary judgment motion, Defendant may apply to the Honorable Kevin Nathaniel Fox to reopen discovery, and to compel Plaintiff to provide discovery as appropriate. A ccordingly, it is ORDERED that the time by which either party may file a pre-motion letter pursuant to Rule III(C) of the Court's Individual Practices in Civil Cases is extended to January 17, 2020. If, before January 17, 2020, either party fi les a motion to reopen fact discovery, the time for either party to file a pre-motion letter will be extended until fourteen days after the resolution of that motion by the Judge Fox -- or, if Judge Fox grants the motion, fourteen days after the close of fact discovery. (Signed by Judge Analisa Torres on 12/20/2019) (cf)

premature. As such, in the interest of judicial economy, defendants request a stay of the
commencement of summary judgment motion practice pending the resolution of defendants’
motion to dismiss. See ECF Nos. 60-62.
Defendants thank the Court for its consideration of the request herein.
Respectfully submitted,

Valerie E. Smith
Senior Counsel
Special Federal Litigation Division
cc:

BY ECF
Anthony Ofodile, Esq.
Attorney for Plaintiff

GRANTED in part, DENIED in part. The Court will not extend the time to file premotion letters pending the disposition of Defendant's motion to dismiss for failure to
prosecute, ECF No. 60. If, however, Defendant requires further discovery before
filing a summary judgment motion, Defendant may apply to the Honorable Kevin
Nathaniel Fox to reopen discovery, and to compel Plaintiff to provide discovery as
appropriate.
Accordingly, it is ORDERED that the time by which either party may file a premotion letter pursuant to Rule III(C) of the Court's Individual Practices in Civil Cases
is extended to January 17, 2020. If, before January 17, 2020, either party files a
motion to reopen fact discovery, the time for either party to file a pre-motion letter
will be extended until fourteen days after the resolution of that motion by the
Judge Fox -- or, if Judge Fox grants the motion, fourteen days after the close of fact
discovery.
SO ORDERED.
Dated: December 20, 2019
New York, New York

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