Clark v. Department of Corrections et al

Filing 35

ORDER: granting 34 Letter Motion to Adjourn Conference. Defendant's letter-motion requesting an adjournment of the settlement conference (ECF No. 34) is GRANTED. Accordingly the settlement conference scheduled for May 12, 2022 at 10:00am is ADJOURNED to Friday, June 24, 2022 at 2:00pm. The Clerk of Court is respectfully directed to close ECF No. 34. SO ORDERED. Settlement Conference set for 6/24/2022 at 02:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 5/06/2022) (ama)

Case 1:20-cv-09419-PGG-SLC Document 35 Filed 05/06/22 Page 1 of 2
Defendant's letter-motion requesting an adjournment of the settlement conference (ECF No. 34) is GRANTED.
Accordingly, the settlement conference scheduled for May 12, 2022 at 10:00am is ADJOURNED to Friday, June 24, 2022
at 2:00pm.
The Clerk of Court is respectfully directed to close ECF No. 34.
SO ORDERED 05/06/2022

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

T HE CITY OF NEW YORK

PHILIP S. FRANK
Phone: [phone]
Fax: [phone]
Email: [e-mail]
(not for service)

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

May 5, 2022
VIA ECF
Honorable Sarah L Cave
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re: Clark v. Brann, et al., 20-CV-9419 (PGG) (SLC)
Your Honor:
I am an Assistant Corporation Counsel in the Office of the Corporation Counsel
of the City of New York, attorney for Defendants New York City Department of Correction
(“DOC”) Commissioner Cynthia Brann, Senior Vice President for Correctional Health Services
Patricia Yang and New York City Board of Correction Executive Director Margaret Egan in the
above-referenced action. Plaintiff alleges deliberate indifference stemming from DOC’s
COVID-19 protocols while Plaintiff is incarcerated in DOC custody.
I write to respectfully request a 45-day adjournment of the settlement conference
currently scheduled for May 12, 2022 at 10:00 a.m. Because Plaintiff is incarcerated and
proceeding pro se, the instant request is made directly to the Court. This is the first request for
an adjournment of the settlement conference.
By way of background, pursuant to the Court’s Settlement Conference Scheduling
Order dated March 24, 2022 (Dkt. No. 33), the Court directed Plaintiff to make a settlement
demand or to reaffirm any prior demand no later than 14 days before the settlement conference,
or by April 28, 2022. The Court further directed Defendants to inform Plaintiff of their response
no later than seven days before the Conference, or by today, May 5, 2022. Although the parties
have previously had some informal settlement discussions by telephone, Plaintiff has failed to
make or reaffirm any settlement demand pursuant to the Court’s directive.
As such, the primary reason for the requested enlargement is to enable the parties
to make at least one exchange of a settlement demand by Plaintiff and a counteroffer by
Defendants in advance of the settlement conference. In light of Plaintiff’s failure to comply with
the Court’s directive, and as this Office is also currently in the process of obtaining settlement
authority, the extension of time will enable this Office to write to Plaintiff regarding settlement

Case 1:20-cv-09419-PGG-SLC Document 35 Filed 05/06/22 Page 2 of 2

once it has received authority and to receive a response from Plaintiff in an effort to either
resolve the matter prior to the conference or, at the very least, to make the conference more
productive.
Accordingly, Defendant respectfully requests a 45-day adjournment of the
settlement conference currently scheduled for May 12, 2022 at 10:00 a.m.
I thank the Court for its consideration of this request.
Respectfully submitted,
s/
Philip S. Frank
Assistant Corporation Counsel
cc:

Via First Class Mail
James Clark
Plaintiff Pro Se
1411709283
Vernon C. Bain Center
1 Halleck St.
Bronx, NY 10474

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