Henao et al v. Parts Authority, LLC et al

Filing 195

ORDER granting 193 Letter Motion for Discovery. Application GRANTED. No later than December 2, 2021, the parties shall submit their agreed-upon ESI Protocol to be reviewed by the Court. If they are unable to agree, they shall instead submit a joint letter briefly identifying the points of disagreement, without extended argument, and attach the competing drafts, together with a red-line showing the differences. (Signed by Magistrate Judge Barbara C. Moses on 11/18/2021) (rro)

Case 1:19-cv-10720-LGS-BCM Document 195 Filed 11/18/21 Page 1 of 1

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November 17, 2021

VIA ECF
The Honorable Barbara Moses
United States Magistrate Judge
United States District Court
Southern District of New York
500 Pearl Street, Room 740
New York, New York 10007

11/18/2021

Re: Henao et al. v. Parts Authority, LLC et al. – Case No. 19-cv-10720 (LGS) (BCM)
Dear Judge Moses:
As counsel for the Diligent defendants in the above-referenced action, we write to request that the
Court suspend tomorrow’s deadline for submission of a red-lined ESI Protocol (Dkt. No. 189). Last
week Defendants accepted Plaintiffs’ monetary settlement demand which I then incorporated into a
draft agreement mirroring the terms that previously had been accepted by Plaintiffs’ counsel and
which Judge Schofield found “fair and reasonable” with respect to three opt-in plaintiffs in this case
(Dkt. No. 192). On Monday we sought to file a joint letter adjourning the ESI Protocol deadline, but
Plaintiffs’ counsel did not consent to our filing at that point, asserting that they had edits to the draft
agreement which they “plan to spin around by tomorrow [i.e., yesterday].”
As of this time, Plaintiffs’ counsel has offered no revisions to the settlement agreement nor have
they answered my follow up request for their comments. Defendants believe it is wasteful to spend
attorney time (and incur fees) editing an ESI protocol that is unlikely to be necessary and therefor
make this request unilaterally.
Respectfully submitted,

Andrew P. Marks
cc: Counsel of Record via ECF

Application GRANTED.
No later than December 2, 2021, the parties shall
submit their agreed-upon ESI Protocol to be reviewed
by the Court. If they are unable to agree, they shall
instead submit a joint letter briefly identifying the
points of disagreement, without extended argument,
and attach the competing drafts, together with a redline showing the differences.
SO ORDERED.

_________________________
United States Magistrate Judge
November 18, 2021
Manhattan | Westchester | Garden City | Los Angeles