Paguada v. Fiskars Brands, Inc.

Filing 12

ORDER granting 11 Letter Motion for Extension of Time to File. Application GRANTED. Defendant shall respond to the Complaint on or before November 18, 2020. The initial pretrial conference currently scheduled for October 21, 2020, is hereby ADJO URNED to November 23, 2020, at 12:00 p.m. The parties are ORDERED to file their proposed Case Management Plan and joint letter the Thursday prior to the IPTC, which would be November 19, 2020. (Signed by Judge Katherine Polk Failla on 10/13/2020) (rro)

Case 1:20-cv-05712-KPF Document 12 Filed 10/13/20 Page 1 of 2
Seyfarth Shaw LLP
620 Eighth Avenue
New York, New York 10018
T [phone]

MEMO ENDORSED

F [phone]
[e-mail]
T [phone]
www.seyfarth.com

October 9, 2020
VIA ECF & EMAIL
Hon. Katherine Polk Failla
U.S. District Judge
U.S. District Court for the Southern District of New York
40 Foley Square, Room 2103
New York, NY 10007
[e-mail]
Re:

Paguada v. Fiskars Brands, Inc.,
Civil Action No.: 1:20-cv-05712-KPF (S.D.N.Y.)

Dear Judge Failla:
This firm represents Defendant Fiskars Brands, Inc. (“Defendant”) in the abovereferenced matter. We write, with the consent of Plaintiff Josue Paguada (“Plaintiff”), to
respectfully request both a 30-day extension of time for Defendant to respond to the
Complaint, up to and including November 18, 2020, and a 30-day adjournment of the
Initial Pretrial Conference scheduled for October 21, 2020 to any date on November 20,
2020 or after.
Defendant’s original responsive pleading deadline was September 29, 2020. (ECF
No. 5) On September 25, 2020, Defendant requested an extension of this deadline to
October 20, 2020, which the Court granted up to and including October 19, 2020. (ECF
Nos. 9-10.) Additionally, on August 18, 2020, the Court Ordered an Initial Pretrial
Conference (“IPTC”) for October 21, 2020, with a joint letter and proposed Case
Management Plan due on October 15, 2020. (ECF No. 6.)
This letter is the second request for an extension of Defendant’s responsive
pleading deadline and the first request for an adjournment of the IPTC. The parties are
discussing a potential non-litigated resolution of this matter. Further, they have informally
exchanged information in furtherance of these discussions. Defendant respectfully
requests this extension of time to allow the parties to continue focusing their time and
resources on good faith settlement discussions, with the objective of avoiding
unnecessary discovery and litigation activities. Defendant does not anticipate requesting
another extension of the responsive pleading deadline, or adjournment of the IPTC
absent extraordinary circumstances.

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Case 1:20-cv-05712-KPF Document 12 Filed 10/13/20 Page 2 of 2
Hon. Katherine Polk Failla
October 9, 2020
Page 2
We have communicated with counsel for Plaintiff, and Plaintiff consents to this
request. We respectfully submit this request in good faith and not to cause undue delay.
The granting of this application will not impact any other scheduled deadlines. We thank
the Court for its time and attention to this matter.
Respectfully submitted,
SEYFARTH SHAW LLP
/s/ John W. Egan

John W. Egan
cc:

All counsel of record (via ECF)

Application GRANTED. Defendant shall respond to the Complaint on or
before November 18, 2020. The initial pretrial conference currently
scheduled for October 21, 2020, is hereby ADJOURNED to November 23,
2020, at 12:00 p.m. The parties are ORDERED to file their proposed
Case Management Plan and joint letter the Thursday prior to the IPTC,
which would be November 19, 2020.

Dated:

October 13, 2020
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE

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