Tzumi Innovations, LLC v. Wheeler et al

Filing 44

ORDER denying 43 Letter Motion to Adjourn Conference. The parties' application is DENIED. The parties shall submit a joint Proposed Civil Case Management Plan and Scheduling Order and joint letter by April 1, 2021, in accordance with the Order dated January 26, 2021 (Dkt. No. 29). (Signed by Judge Lorna G. Schofield on 3/31/2021) (cf)

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The parties' application is DENIED. The parties shall submit a joint Proposed Civil U.S. Department of Justice Case Management Plan and Scheduling Order and joint letter by April 1, 2021, in United States Attorney accordance with the Order dated January Southern District of New York 26, 2021 (Dkt. No. 29). SO ORDERED. 86 Chambers Street New York, New York 10007 Dated: March 31, 2021 New York, NY March 30, 2021 BY ECF The Honorable Lorna G. Schofield United States District Judge Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: Tzumi Innovations, LLC v. Regan, et al. No. 21 Civ. 122 (LGS) 1 Dear Judge Schofield: This Office represents Defendants Michael S. Regan, in his official capacity as Administrator of the United States Environmental Protection Agency (“EPA”) and the EPA in the above-captioned matter (together, the “Government”). I write respectfully, on behalf of all parties, to jointly request that the Court adjourn the initial pre-trial conference scheduled in this matter for April 8, 2021, at 10:50 am, and correspondingly extend the time to file the pre-conference submission due on April 1, 2021, until after the Court decides Plaintiff’s motion for a preliminary injunction and the Government’s motion to dismiss Plaintiff’s Amended Complaint. See ECF Nos. 23-24, 27, 31-42. An adjournment of the initial pre-trial conference is appropriate, as the Court’s decision regarding Plaintiff’s preliminary injunction motion and the Government’s motion to dismiss will inform the path forward for this case, including what issues, if any, will be addressed in the action. Further, a preliminary conference with the Court was already held in this case on January 14, 2021. See ECF Nos. 25-26. Moreover, because this is a matter involving a review from an administrative agency, it is exempted from the mandatory scheduling order required by Fed. R. Civ. P. 16(b). See SDNY Local Rule 16.1 (“Matters involving . . . reviews from administrative agencies are exempted from the mandatory scheduling order required by Fed. R. Civ. P. 16(b).”). This is the parties’ first request for an adjournment of the initial conference. 1 Michael S. Regan, who became the Administrator of the Environmental Protection Agency on March 11, 2021, is automatically substituted for former Administrator Andrew R. Wheeler as the defendant in this action. See Fed. R. Civ. P. 25(d). The Honorable Lorna G. Schofield March 30, 2021 Page 2 Respectfully submitted, AUDREY STRAUSS United States Attorney for the Southern District of New York By: cc: Counsel of Record (by ECF) /s/ Allison M. Rovner ALLISON M. ROVNER Assistant United States Attorney 86 Chambers Street, Third Floor New York, New York 10007 Tel.: (212) 637-2691 Email: Allison.Rovner@usdoj.gov

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