Hall v. RCPI 600 Fifth Holdings, L.L.C.

Filing 12

MEMO ENDORSEMENT granting #11 Letter Motion to Adjourn Conference. ENDORSEMENT: Granted. The initial pretrial conference presently scheduled for October 16, 2020 at 2:30 p.m. is rescheduled for November 18, 2020 at 2:00 p.m. Parties' joint letter and proposed case management plan are due November 13, 2020. (Signed by Judge Paul A. Engelmayer on 10/9/2020) (Initial Conference set for 11/18/2020 at 02:00 PM before Judge Paul A. Engelmayer) (nb)

Case 1:20-cv-07560-PAE Document 12 Filed 10/13/20 Page 1 of 2

Jacqueline Hattar
Member of the Firm
914.872.7180 (direct)
[e-mail]

October 9, 2020

VIA ECF
Hon. Paul A. Engelmayer
United States District Judge
United States Courthouse
40 Foley Square, Room 2201
New York, NY10007
Re:

Kenneth Hall v. RCPI 600 Fifth Holdings, L.L.C.
Case No.: 20 Civ. 07560 (PAE)
Our File No.: 21122.00148

Dear Judge Engelmayer:
We represent the defendant, RCPI 600 Fifth Holdings, L.L.C. (“RCPI”). There are no other
defendants in the above-referenced matter. This action was removed within 30 days after RCPI was
served on the grounds of diversity jurisdiction since plaintiff is a citizen of Canada and RCPI is a
Delaware limited liability company. With the consent of plaintiff’s counsel, we respectfully request that
the initial conference scheduled for October 16, 2020 be adjourned to a date during the week of
November 16, 2020, except not on November 19, 2020. We have requested that plaintiff discontinue this
action against RCPI since it is an improper party. RCPI did not maintain the subject skating rink located
at Rockefeller Center where plaintiff, Kenneth Hall’s alleged accident occurred. Rather, a non-party, The
Patina Restaurant Group, Inc., was responsible for the maintenance of the rink pursuant to a lease
agreement. In the event plaintiff discontinues the action and commences a subsequent action against the
proper party, it would be unnecessary for the parties to appear for the conference and engage in discovery.
In addition, the parties request a two week extension of time from October 13, 2020 until
October 27, 2020 to file a joint letter and an initial Civil Case Management Plan and Scheduling Order.
This is the first request for an adjournment of the initial conference and an extension of time to
file the joint letter and Civil Case Management Plan and Scheduling Order (see, DE # 6). Thank you for
your consideration.
Respectfully submitted,
Wilson Elser Moskowitz Edelman & Dicker LLP

JH/me

8474822v.1

Jacqueline Hattar

Case 1:20-cv-07560-PAE Document 12 Filed 10/13/20 Page 2 of 2
Hon. Paul A. Engelmayer
Kenneth Hall v. RCPI 600 Fifth Holdings, L.L.C.
1:20 Civ. 07560 (PAE)
October 9, 2020
Page 2

cc:

(Via Email & ECF)
Cornelius Redmond, Esq.
REDMOND LAW PLLC
Attorneys for Plaintiff
Kenneth Hall
80 Broad St., Suite 1202
New York, NY 10004
Tel: [phone]

Granted. The initial pretrial conference presently scheduled
for October 16, 2020 at 2:30 p.m. is rescheduled for
November 18, 2020 at 2:00 p.m. Parties' joint letter and
proposed case management plan are due November 13, 2020.
SO ORDERED.
__________________________________
PAUL A. ENGELMAYER
United States District Judge
October 13, 2020

8474822v.1