Fischler v. Bomani Cold Buzz, LLC

Filing 9

ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint /Otherwise Respond to #1 Complaint addressed to Judge Katherine Polk Failla from Jason B. Jendrewski dated March 30, 2021; granting #8 Letter Motion to Adjourn Conference. CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Jason B. Jendrewski dated March 30, 2021, #1 Complaint. Application GRANTED. Defendant's response to the Complaint will be due on or before May 3, 2021. Additionally, the initial pretrial conference scheduled for April 15, 2021, is hereby ADJOURNED to May 20, 2021, at 10:00 a.m. The parties' joint letter and Proposed Case Management Plan and Scheduling Order will be due on or before May 13, 2021. Bomani Cold Buzz, LLC answer due 5/3/2021 (Initial Conference set for 5/20/2021 at 10:00 AM before Judge Katherine Polk Failla.). (Signed by Judge Katherine Polk Failla on 3/31/2021) (nb)

101 Park Avenue, Suite 1700
New York, NY 10178
Tel [phone] Fax [phone]
www.foxrothschild.com

JASON B. JENDREWSKI
Direct Dial: 212-878-7952
Email Address: [e-mail]

March 30, 2021
VIA ECF
The Honorable Katherine Polk Failla
United States District Judge
United States District Court
Southern District of New York
40 Foley Square, Room 2103
New York, NY 10007
Re:

MEMO ENDORSED

Fischler v. Bomani Cold Buzz, LLC (1:21-cv-01568) (KPF) (BCM)
Request for Extension of Time to Respond to Complaint
and for Adjournment of Initial Pretrial Conference

Dear Judge Failla:
We have been retained to represent Bomani Cold Buzz, LLC (“Bomani”) in the abovereferenced matter. On behalf of Bomani, and with the consent of plaintiff Brian Fischler
(“Plaintiff”), we respectfully request a 30-day extension of time for Bomani to respond to the
Complaint and a 30-day adjournment of the Initial Pretrial Conference. As we were recently
retained, additional time is requested so that we may complete our investigation of Plaintiff’s claims
and prepare our defenses. Additionally, the parties desire an opportunity to discuss this matter prior
to the filing of a responsive pleading.
This application is Bomani’s first request for an extension of time for responding to the
Complaint and for an adjournment of the Initial Pretrial Conference. Bomani’s response to the
Complaint currently is due on April 2, 2021, and the Initial Pretrial Conference is scheduled to take
place on April 15, 2021. If granted, Defendant would respond to the Complaint by Monday, May 3,
2021, and the Initial Pretrial Conference would take place on or after Monday, May 17, 2021. The
requested extension and adjournment would not affect any other scheduled dates, except for the
deadline for the parties’ Joint Letter and Proposed Case Management Plan and Scheduling Order,
which the parties would submit by the Thursday of the week prior to the Conference.
We thank the Court for its consideration of our requests.
Respectfully submitted,
/s/ Jason B. Jendrewski
Jason B. Jendrewski
cc:

Christopher H. Lowe, Esq. (via ECF)

Active\121187846.v1

Application GRANTED. Defendant's response to the Complaint will be
due on or before May 3, 2021. Additionally, the initial pretrial
conference scheduled for April 15, 2021, is hereby ADJOURNED to May
20, 2021, at 10:00 a.m. The parties' joint letter and Proposed Case
Management Plan and Scheduling Order will be due on or before May 13,
2021.
Dated:

March 31, 2021
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE