Brown v. City Of New York et al

Filing 60

ORDER granting 59 Letter Motion to Adjourn Conference; granting 59 Letter Motion for Extension of Time to File. Request granted. Final Pre-trial conference re-scheduled to 10/3/2024 at 10:00 am. Trial is re-scheduled to 10/21/2024 at 9:30 am. ( Bench Trial set for 10/21/2024 at 09:30 AM before Judge Colleen McMahon., Final Pretrial Conference set for 10/3/2024 at 10:00 AM before Judge Colleen McMahon.). (Signed by Judge Colleen McMahon on 5/8/2024) (tg)

Download PDF
Case 1:20-cv-10846-CM Document 59 Filed 05/06/24 Page 1 of 2 ,I ._I -- ~..-jD. ,.'4 , DOCfJMENT ELBCTRONl:C. LY Fil:? DOC #: - - c l -:-h--. i 0<TE FiLED: ~ t /?O'{ ·--=======-=---=--=--- THE CI TY OF NEW YORK HON. SYLVIA 0. HINDS-RAD IX Co, poration Co unsel -- ALAN IL SCH EINFR Se111o r C u101.\ e/ LAW DEPARTMENT phone (212 J] 5h- 2J~~ fa, , ~1~ )3 56~ Jl)(l()J email . ascheine'g !a\\ n) 1.: g<l\ 100 CHU RCH ST REET NEW YORK. NY I 0007 May 6, 2024 Via ECF Hon. Colleen McMaho n United States District Court for the Southern District of New York 500 Pearl Street New York, NY I 0007-131 2 ~4 .ULs+ 5~w. hh~I &-1r1~1 ~V"'\~ I o \ :i, \'itDoti ~}- Your Honor: Brown v. City of New York, 20-cv- l 0846 -CM /0 I~I io : C,I) tr{';\. ~ k,J ~ a-,o><.j A. f- &j ;3c l\,"V'. -,;,·o__\ ; 5 Re : te,,SGha,kk.J -\o K- -S I f1 ,1 I am a Seni or Counsel in the Office of Hon. Sylvia 0 . Hind s- a~ , f . J e y ~ ~ of the City of New York (the ''City''), counsel for the City in th s matter. I am writing to / }. 8' ~a<1 respectfull y req uest an adjournment of the trial date of September 23, 2024, set by the Court· s order of April 18, 2024 (ECF o. 58), to a date on or after October I 0. 2024. In addition, th e parties jointly request that the Court extend the time nunc pro tun, for motions in limine, fro m April 25, 2024, to August 5, 2024, an d set the date for other pre-trial submissions to August 5, 2024. Plainti ff s counsel consents to the request for adjournment of the trial date and joins the requests relat ing to schedule for the pre-trial submissions . This is the first req uest for adjournment of these dates . S These adjournments are requested because the undersigned counse l has a previously sched ul ed tria l date (set on Novembe r 14 , 2023) of September 16, 2024, in the case of Walker, ·. City of New York, 14-cv-00680-NRM -PK (E.D.N.Y.). 1 The Walker trial is scheduled by the Court to continue until September 26, 2024. In ad diti on, I have a trial beginning Aug ust 12 , 2024 (se t As discussed at the conference in this matter on April 18, 2024. the undersigned is representing the defend ants in a previ ously scheduled trial in September; at that time I did not know the specific trial date because I could not bring my phone into the courthouse. I in fo rmed the Court's chambers of the trial date by emai l on April 24, 2024, and was instructed to make any request for adjournment of the trial by application on ECF. Due to burdensome filing deadlines in other matters, the City's counsel was unable to prepare this application until now, and the City apologizes for the delay . 1 Case 1:20-cv-10846-CM Document 59 Filed 05/06/24 Page 2 of 2 on April 15 , 2024), in Dominguez v. City of New York, I :2 I -cv-02302-D EH (S.D. . Y.). in wh ich trial is expected to last from 3-5 tria l days .. In li ght of the above dates, it is imposs ible for me to represen t the defendants in all three trial matters under the current schedule . Accordingly, the City respectfull y requests adjournm ent of the trial date in this matte r fro m September 5, 2024, to a date at least two weeks from th e conclusion of the trial in Walker on September 26 , 2024 , which would be October I 0. 2024. or later. The Co urt has not yet ordered a date for pre-trial submissions pursuant to the Court 's Individual Pract ices, which state that the deadline for the Joint Pre-Trial Order and ot her papers shall be set by the Court. The parties respectfully request that the deadline fo r such papers be set for August 5, 2024. In add itio n, all counsel were unaware of the Court' s deadline in its Individual Practices for the filing of mot ions in lim ine five days following notice of the pre-trial conference date. which was issued on Apr il 18, 2024, making motions in limine due April 25, 2024. Counsel apologize to the Court for not being cognizant of the Court's rule. In any event, the parties would not have been in a position to file motions in limine on April 25 , 2024, because discovery is not complete. and defendants' counsel was already fully occupied with other matters at that time. The part ies jointly respectfully request that their motions in lime also be due August 5, 2024 . along with oth er pre-trial subm issions. We th an k the Cou 11 for its consideration of this matter. Sincerely, · )1t, II · / / ( Jr,j,pfl/N •J Alan H. Scheiner Senior Counsel Special Federal Litigation Di vision Encl. cc (via ECF): All counsel 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?