Armouth International, Inc. v. Michael Fallas

Filing 117

ORDER granting 116 Letter Motion to Adjourn Conference. The first date the Court is available to schedule trial in this matter after August 2023 is November 2023. Accordingly, the parties shall be prepared to try this case on November 6, 2023. I n accordance with the Court's individual rules, they shall submit a joint pretrial order, motions in limine, proposed findings of fact and conclusions of law, and pretrial memoranda of law by October 13, 2023; any oppositions shall be filed b y October 20, 2023. A final pretrial conference is scheduled November 2, 2023 at 4:00 p.m. No further adjournments will be granted absent good cause. The parties shall notify the Court promptly to the extent they seek referral to the Court-annexed mediation program or to Magistrate Judge Figueredo for settlement discussions. SO ORDERED. Final Pretrial Conference set for 11/2/2023 at 04:00 PM before Judge Ronnie Abrams.. (Signed by Judge Ronnie Abrams on 5/22/2023) (jca)

Case 1:19-cv-03669-RA-VF Document 117
116 Filed 05/22/23
05/18/23 Page 1 of 2

Cii GreenbergTraurig
Robert J. Kir.;henberg
Tel [phone]
[e-mail]

May 18, 2023
VIACM/ECF
Honorable Ronnie Abrams
United States District Judge
United States District Court for the
Southern District of New York
40 Foley Square
New York, NY 10007
Re:

Armouth International, Inc. v. Michael Fallas, Case No. 1:19-cv-03669

Dear Judge Abrams:
We are counsel to defendant Michael Pallas in this action. We write respectfully to request
an adjournment of the trial date recently scheduled in this matter from August 7, 2023 to September
2023, or at a time convenient for the Court. This is Mr. Fallas's first request for such an
adjournment. We have consulted with counsel for plaintiff Armouth International, Inc.
("Armouth"), and are authorized to represent while Armouth does not join in the request for an
adjournment, under the circumstances as described by counsel and as set forth below, it does not
object to Mr. Fallas's request.
As Your Honor is aware, the parties first conferred as to trial availability the last week of
April 2023 following a telephone conference before the Court. See ECF No. 114. Armouth
indicated its availability for a potential August 7 trial date but Mr. Pallas had not yet obtained the
availability of all his witnesses. Id. On May 1, 2023, the Court set trial for August 7 and the final
pre-trial conference for August 3, 2023. See ECF No. 115.
The parties conferred on May 11, 2023, during which time we raised availability concerns
with counsel for Armouth. Counsel agreed to discuss the subject further and inform the Court
promptly regarding a requested adjournment. The following week, I informed Armouth's counsel
of an immovable conflict. Specifically, a key member of our trial team has a long-scheduled and
prepaid vacation out of the country that conflicts with the current trial schedule, including the final
pre-trial conference.
Mr. Pallas does not seek this adjournment for purposes of delay. In addition, this
adjournment will serve the interests of justice and efficiency as replacing any member of the trial
team at this stage would take significant time, frustrate Mr. Fallas's defense, and incur additional
and unnecessary expense as the parties prepare for trial. The parties can otherwise comply with
the Court's deadlines, should the Court prefer to retain those. The parties further believe trial can

Greenberg Traurig, LLP I Attorneys at Law
One Vanderbilt Avenue j New York, New York 10017

l

T [phone]

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F +1 212 801 .6400
www.gtlaw.com

Case 1:19-cv-03669-RA-VF Document 117
116 Filed 05/22/23
05/18/23 Page 2 of 2
Honorable Ronnie Abrams
May 18, 2023
Page2
be completed in one week. With respect to settlement and/or mediation, the parties are pursuing
those discussions.
Accordingly, Mr. Pallas respectfully requests that trial be adjourned to September 2023, or
a date convenient for the Court. We are authorized to represent that both sides are available in
September except for Rosh Hashanah (September 15-16) and Yorn Kippur (September 25).
We appreciate the Court's time and consideration.
Respectfully submitted,

~ ~-rg_ _ _ _ ___

cc:

(via CM/ECF)
Peter N. Wang, Esq.
Benjamin I. Bassoff, Esq.
Foley & Lardner
Counsel for Armouth International, Inc.

The first date the Court is available to schedule trial in this matter after August 2023 is November 2023.
Accordingly, the parties shall be prepared to try this case on November 6, 2023. In accordance with the
Court's individual rules, they shall submit a joint pretrial order, motions in limine, proposed findings of
fact and conclusions of law, and pretrial memoranda of law by October 13, 2023; any oppositions shall
be filed by October 20, 2023. A final pretrial conference is scheduled November 2, 2023 at 4:00 p.m. No
further adjournments will be granted absent good cause. The parties shall notify the Court promptly to
the extent they seek referral to the Court-annexed mediation program or to Magistrate Judge Figueredo
for settlement discussions.
SO ORDERED.
____________________
Hon. Ronnie Abrams
May 22, 2023

Greenberg Traurig, LLP I Attorneys at Law
One Vanderbilt Ave nue

I

New York, New York 10017 I T +1 212.801.9200

I

F +1 212.801 .6400
www.gtlaw.com