Zappin v. Supple et al

Filing 55

ORDER granting 54 Letter Motion for Extension of Time to File. Plaintiff's request for an extension is GRANTED. Plaintiff shall file his Proposed Second Amended Complaint and letter as soon as possible and no later than July 19, 2021, at 11:59 P.M. Per SDNY Electronic Case Filing Rules Section 23.5, Plaintiff shall electronically file his document "as soon as the system is restored." (Signed by Judge Lorna G. Schofield on 7/16/2021) (cf)

Anthony Zappin
1827 Washington Blvd. — Huntington, WV 25701 — Phone: [phone]
E-Mail: [e-mail]

Date: July 16, 2021
VIA CM/ECF

Plaintiff's request for an extension is GRANTED. Plaintiff shall file
his Proposed Second Amended Complaint and letter as soon as
possible and no later than July 19, 2021, at 11:59 P.M. Per SDNY
Electronic Case Filing Rules Section 23.5, Plaintiff shall
electronically file his document "as soon as the system is restored."

Judge Lora Schofield
United States District Judge
Southern District of New York
Thurgood Marshall U.S. Courthouse
Dated: July 16, 2021
40 Foley Square
New York, New York
New York, NY 10007
Re:

Zappin v. Supple et al., Case No. 20-cv-5602

Dear Judge Schofield:
I write to request an extension to today to file my Proposed Second Amended Complaint
("PSAC") and accompanying letter in accordance with the Court's July 1, 2021 Order. The PSAC
and accompanying letter were due yesterday July 15, 2021. This is my first request for an
extension.
An extension is necessary because the SDNY CM/ECF website was down and inaccessible
last night when I attempted to file the PSAC and letter. Specifically, when I attempted to access
the SDNY CM/ECF website, I repeatedly received an error that the site and server could not be
reached. I am attaching screenshots taken on two (2) different computes (a Windows machine and
an Apple machine).. I also took a video showing that the SDNY CM/ECF website was inaccessible
on two (2) different computers for an extended period of time. The video is available
at: https://www.youtube.com/watch?v=DZnhfCUgrWk
I began attempting to file the PSAC and letter at approximately 11:30 pm, well before the
deadline. However, the SDNY CM/ECF website remained down from approximately 11:30 pm
until I finally went to sleep at approximately 1:00 am. I was unable to file it sooner because I was
hospitalized for a kidney stone earlier this week and have had time-sensitive professional
obligations that took priority after being released from the hospital late Wednesday night.
Additionally, I intended to also file a motion for reconsideration of the July 1, 2021 Order
last night. I request a similar one (1) day extension to file the motion for reconsideration.
This is a situation in which an extension is necessary based on circumstances that are well
outside my control. Here, the Court's filing website was simply unavailable and unreachable
preventing me from timely filing my PSAC. Without an extension, I will suffer
prejudice. Defendants will suffer no prejudice.

Zappin v. Supple, et al.
Page 2 of 2

I thank the Court of its attention to this matter.
Respectfully,

Anthony Zappin
Enclosures
cc:

All parties and counsel (CM/ECF)