Rochez et al v. BJ'S Wholesale Club, Inc.

Filing 35

MEMO ENDORSEMENT on JOINT DISCOVERY STATUS LETTER AND FORMAL REQUEST FOR SUBMISSION AND TRANSFER TO THE SDNY'S MEDIATION PROGRAM: granting 34 Motion for Discovery. ENDORSEMENT: Request GRANTED. The Court will refer this case to mediation b y separate Order. Discovery deadlines are adjourned as follows: expert discovery now due June 22, 2021; fact discovery and all discovery now due July 23, 2021; the case now shall be trial ready by December 13, 2021. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/31/2021) (js)

MORRISON MAHONEY LLP
COUNSELLORS AT LAW

Demi Sophocleous
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March 30, 2021
Via Electronic Filing
The Honorable Stewart D. Aaron
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
Courtroom 21A
New York, NY 10007-1312
Re:

:
1
Rochez, et ano. v. BJ’s Wholesale Club Inc.
1:20-cv-03066-SDA

JOINT DISCOVERY STATUS LETTER AND FORMAL
REQUEST FOR SUBMISSION AND TRANSFER TO THE
SDNY’S MEDIATION PROGRAM
Dear Magistrate Judge Aaron:

Our office represents the defendant, BJ’s Wholesale Club, Inc., in the above-referenced
action. We submit this joint discovery letter - which has been reviewed and approved by
plaintiffs’ counsel - pursuant to Your Honor’s initial Case Management Plan dated May 13,
2020, as well as the subsequent joint discovery letters submitted in this action. Moreover, we
jointly submit this letter as a formal request for submission and transfer of the case into the
SDNY’s Mediation Program. The parties have already engaged in preliminary settlement
discussions and both offices believe mediation through the Court will prove useful in getting this
case closer to an amicable resolution.
At present, there are no outstanding demands for paper discovery from either party. Our
office has been diligently pursuing our client to schedule the deposition of a party witness.
Should the case not be transferred to the Mediation Program, we will undertake every effort to
have a witness produced for a deposition in accordance with your prior discovery directives.
The parties’ primary goal at this time is to have the case submitted to the Mediation
Program in order to foster further settlement negotiations and to eventually settle the case.

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MORRISON MAHONEY LLP
March 30, 2021
Page 2

However, in the event that the case is not transferred to the Mediation Program, the parties herein
jointly agree that the following So-Ordered discovery timeline shall continue to be adhered to:
Expert Discovery due by April 23, 2021
Fact Discovery due by May 24, 2021
All Discovery due by May 24, 2021
Prospective Trial Readiness date – October 25, 2021
We thank Your Honor for your time and consideration of the instant matter.
Respectfully submitted,
MORRISON MAHONEY LLP

Demi Sophocleous
Demi Sophocleous

Robert E. Brann
Robert E. Brann
cc:

Via E-Mail – [e-mail]
Steven Falkoff
Rosenberg Minc Falkoff & Wolff LLP
Attorneys for Plaintiffs
122 E. 42nd Street
New York, NY 10168
212-697-9280
Via E-Mail – [e-mail] and First-Class Mail
Mediation Program
United States District Court
Southern District of New York
40 Foley Square, Suite 120
New York, New York 10007

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