Wilson v. City Of New York et al

Filing 40

ORDER granting 39 Letter Motion for Extension of Time to File. The Application is granted. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 9/15/2022) (ks)

Case 1:21-cv-00479-PGG Document 40
39 Filed 09/15/22
09/09/22 Page 1 of 2

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

THE CITY OF NEW YORK

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, N.Y. 10007

ZACHARY KALMBACH
Assistant Corporation Counsel
phone: [phone]
fax: [phone]
[e-mail]

September 9, 2022
VIA ECF
Honorable Paul G. Gardephe
United States District Court
Southern District of New York
40 Foley Square, Courtroom 705
New York, New York 10007
Re:
Your Honor:

Rhashawn Wilson v. City of New York, et al.,
21 Civ. 479 (PGG)

I represent defendants City of New York and New York City Police Department (“NYPD”)
Officers McQuail, Dunn and Rugg in the above-referenced matter. Defendants write to
respectfully request that the Court extend their time to file their anticipated motion for summary
judgment from September 22, 2022 to October 16, 2022, and extend the corresponding opposition
and reply deadlines accordingly. This is defendants’ first such request. Plaintiff consents to this
request.
By way of background, on July 20, 2022, defendants filed a letter requesting a pre-motion
conference regarding their anticipated motion for summary judgment (ECF No. 37). Plaintiff
never responded thereto. On September 1, 2022, the Court issued an Order setting the following
briefing schedule for defendants’ anticipated motion: (1) defendants’ initial motion papers are due
September 22, 2022; (2) plaintiff’s opposition is due October 13, 2022; and (3) defendants’ reply,
if any, is due October 20, 2022 (ECF No. 38).
Defendants respectfully request that the Court adjust the current briefing schedule as
follows: 1) defendants’ initial motion papers are due October 14, 2022; (2) plaintiff’s opposition
is due November 4, 2022; and (3) defendants’ reply, if any, is due November 11, 2022. The reason
for this request is that the undersigned is scheduled to begin trial before the Honorable Frederic
Block in the Eastern District of New York on September 27, 2022, in a case in which this Office
represents five defendant NYPD officers. See McClarin v. City of New York, et al., 16-CV-6846
(FB) (SJB). Trial is expected to last through September 30, 2022. As such, the undersigned’s
schedule for September is largely full with preparing for trial as well as keeping up with other,
previously scheduled deadlines and conferences in other cases. Accordingly, defendants
respectfully request that the Court adjust the current briefing schedule for defendants’ anticipated

Case 1:21-cv-00479-PGG Document 40
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motion for summary judgment as proposed supra, so as to allow the undersigned two weeks after
the completion of trial to complete and serve defendants’ anticipated motion.
Thank you for your time and consideration.

Respectfully submitted,

cc:

/s/ Zachary Kalmbach
Zachary Kalmbach
Assistant Corporation Counsel
Special Federal Litigation Division

Via ECF
Ataur Raquib
Sameer Nath
Michael Kevin Pinkard
Sim & DePaola LLP
Attorneys for plaintiff

September 15, 2022

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