Oliver v. City of New York et al

Filing 221

ORDER granting 219 Letter Motion for Extension of Time to File. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/15/2023) (ks)

Case 1:19-cv-11219-PGG-JLC Document 219 Filed 11/14/23 Page 1 of 2

THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

CHRISTOPHER G. ARKO
Senior Counsel
phone: [phone]
[e-mail]

November 14, 2023
BY ECF
The Honorable Paul G. Gardephe
United States District Judge
Southern District of New York
40 Foley Square
New York, NY 10007
Re:

Akeem Oliver v. City of New York, et al.,
19 Civ. 11219 (PGG)(JLC)

Your Honor:
I am a Senior Counsel in the New York City Law Department, one of the
attorneys representing defendants City of New York, Board of Education of the City School
District of the City of New York (“DOE”), Sonhando Estwick, Carry Chan, and Kristine
Mustillo (“the DOE defendants”) in the above-referenced matter. I write along with Omar
Siddiqi, Esq., counsel for defendants Kenneth Taylor, Kevin McLeod, and Tong Jiang (“the
NYPD defendants”) to respectfully request an extension, from November 16, 2023 to November
30, 2023, for defendants to serve plaintiff with their summary judgment motion. Plaintiff
consents to this extension and the following amended briefing schedule: defendants’ summary
judgment motion to be served November 30, 2023; any opposition from plaintiff to be served
January 5, 2024; and defendants’ reply to be served January 26, 2024. The reasons for this
request are set forth below.
Co-counsel for the DOE defendants Maria DeCastro, Esq., has unexpectedly been
out sick since last week with COVID. Ms. DeCastro was briefing several motion points for the
DOE defendants’ memorandum of law, which she has been unable to complete. Further, all
defense counsel must be able to work together to finalize defendants’ declaration and supporting
exhibits, Local Civil Rule 56.1 statement, and memorandum of law. As the Court is aware, next
Thursday is Thanksgiving. I will be out of the office from November 21 through November 24
on a previously scheduled vacation, Ms. DeCastro will be out of the office all next week on a
previously scheduled vacation, and Mr. Siddiqi will be out of the office from November 22 until
November 28 on a previously scheduled vacation.

Case 1:19-cv-11219-PGG-JLC Document 219 Filed 11/14/23 Page 2 of 2

Defendants thank the Court for its consideration herein.
Respectfully submitted,
/s/ Christopher G. Arko
Christopher G. Arko
Senior Counsel

Date: November 15, 2023

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