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)

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