Bah v. City of New York et al

Filing 79

ORDER granting in part and denying in part 78 Letter Motion for Extension of Time to File. GRANTED in part, DENIED in part. The parties shall exchange Local Rule 56.1 statements and file their pre-motion letters according to the schedule propose d by the parties. After the parties have submitted their pre-motion letters, the Court shall consider them and set a briefing schedule if applicable. In addition, the case management conference scheduled for June 13, 2023, is adjourned sine die. SO ORDERED. (Signed by Judge Analisa Torres on 5/22/2023) (tg)

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5/22/2023
THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

JAMES R. MURRAY
Assistant Corporation Counsel
Phone: [phone]
Fax: [phone]
[e-mail]

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

May 19, 2023
BY ECF
Honorable Analisa Torres
United States District Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Adama Bah v. City of New York, et al.
20 Civ. 263 (AT) (KHP)

Your Honor:
I am an Assistant Corporation Counsel in the Office of the Honorable Sylvia O.
Hinds-Radix, Corporation Counsel of the City of New York, and the attorney for Defendants
City of New York, City of New York, Sergeant Marilyn Aguirre, and Lieutenant Charmaine
Pilgrim (“Defendants”) in the above-referenced matter. Defendants write with Plaintiff’s
consent to respectfully request permission to brief their anticipated partial summary judgment
motion in accordance with the schedule that the parties jointly proposed to the Honorable
Katherine H. Parker on May 19, 2023. ECF No. 77.
A. Background
On March 28, 2023, The Honorable Judge Parker conducted a case management
conference, during which Plaintiff indicated that he might wish to pursue expert discovery. ECF
No. 73. However, Plaintiff did not specify what kind of expert discovery he might seek. After
the March 28, 2023 conference, Judge Parker issued an Order directing the parties to file a status
letter by May 19, 2023 stating, among other things, whether Plaintiff intended to pursue expert
discovery. ECF No. 74. In the event Plaintiff did not intend to pursue expert discovery, the
March 28, 2023 Order further directed the parties to either propose a summary judgment briefing
schedule or indicate that they intend to proceed to trial. Id. The following day, the Court issued
an order directing the parties to file any pre-motion letters in advance of summary judgment by
May 19, 2023. ECF No. 76. On May 19, 2023, the parties filed a joint letter in which they
informed Judge Parker that Plaintiff did not intend to pursue expert discovery and proposed a

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briefing schedule for Defendants’ anticipated partial summary judgment motion, which is
replicated below. ECF No. 77.
B. Request for Briefing Schedule
Defendants now request permission to brief their anticipated summary judgment
motion in accordance with the schedule proposed to Judge Parker. Before today, Defendants did
not know whether Plaintiff intended to pursue expert discovery or what the nature of any expert
discovery would be. If Plaintiff had intended to pursue expert discovery into issues pertaining to
liability and/ or in furtherance of her own motion, then the parties would undoubtedly have
needed to complete expert discovery before briefing summary judgment. Because Defendants
only learned today that Plaintiff does not intend to pursue expert discovery, they could not have
filed a pre-motion letter today in accordance with Rule III(C)(iii) of the Court’s Individual
Practices in Civil Cases, which requires the movant to attach the non-movant’s Local Rule 56.1
counterstatement to its letter. Because it would have been impracticable for Defendants to file a
pre-motion letter by today, Defendants respectfully request permission to file their anticipated
summary judgment motion in accordance with the briefing schedule jointly proposed by the
parties in accordance with Judge Parker’s March 28, 2023 Order. ECF Nos. 74 and 77.
C. Proposed Briefing Schedule
Event

Deadline

Deadline for Defendants to serve their June 9, 2023
statement of material facts pursuant to
Local Rule 56.1
Deadline for Plaintiff to serve his June 30, 2023
responses and objections to Defendants’
Local Rule 56.1 statement
Deadline for Defendants to file their pre- July 14, 2023
motion letter before Judge Torres
Deadline for Plaintiff to file her response July 28, 2023
to Defendants’ pre-motion letter
Deadline for Defendants to file their August 28, 2023
moving papers
Deadline for Plaintiff to file his opposition September 27, 2023
Deadline for Defendants to file their reply

October 11, 2023

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