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)

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.: [phone]
Email: [e-mail]