Lazar v. City of New York et al

Filing 79

ORDER granting in part 78 Letter Motion to Adjourn Conference; granting in part 78 Letter Motion to Compel; granting in part 78 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED in part. The deadline to com plete fact discovery is extended to February 21, 2023, and the conference scheduled for December 21, 2022 is adjourned to March 22, 2023. No further extensions will be granted absent extraordinary circumstances. An amended case management plan will issue separately. Plaintiff shall file a response to the remaining requests, not to exceed three pages, by November 21, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 11/17/2022) (mml)

Case 1:21-cv-01748-LGS Document 79 Filed 11/17/22 Page 1 of 4

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

T HE CITY OF NEW YORK

NICOLETTE PELLEGRINO
Assistant Corporation Counsel
Phone: [phone]
Fax: [phone]
Email: [e-mail]

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

November 16, 2022
VIA E.C.F.
Honorable Lorna G. Schofield
United States District Judge
United States District Court
Southern District of New York
40 Foley Square
New York, New York 11201

Application GRANTED in part. The deadline to complete
fact discovery is extended to February 21, 2023, and the
conference scheduled for December 21, 2022 is adjourned
to March 22, 2023. No further extensions will be granted
absent extraordinary circumstances. An amended case
management plan will issue separately.

Plaintiff shall file a response to the remaining requests, not
RE: Sorin Lazar v. the City of New York, et al.,to exceed three pages, by November 21, 2022. So Ordered.
21 Civ. 1748 (LGS)
Your Honor:

Dated: November 17, 2022
New York, New York

I am an Assistant Corporation Counsel in the Special Federal Litigation Division
of the New York City Law Department and the attorney representing defendants the City of New
York and Jasmine Nunezramos (collectively, “City Defendants”) in the above referenced matter.
The City Defendants write to respectfully request: (a) with the consent of all parties, (i) that the
deadline to complete fact discovery be extended by three months, from November 21, 2022, to
February 21, 2022, and (ii) a corresponding adjournment of the pre-motion conference scheduled
for December 21, 2022; and (b) that the Court order Plaintiff to, by a date certain on pain of
dismissal, (i) respond to the City Defendants’ July 22, 2022 Discovery Requests, (ii) sign and
return the stipulation for virtual depositions to Defendants, and (iii) provide mutually available
dates for the Plaintiff’s deposition.
By way of relevant background, on February 28, 2021, Plaintiff initiated this action
against the City Defendants and defendants Jewels and the Aurora Condominium (hereinafter,
“Aurora Defendants”). (See Dkt. No. 1.)
On May 10, 2021, Plaintiff filed an Amended Complaint. (See Dkt. No. 3.)
On or around August 18, 2021, the Aurora Defendants moved to dismiss this action
against them. (See Dkt. Nos. 17-18.)
On June 2, 2022, the Court endorsed the parties’ proposed Case Management Plan,
which, inter alia, set the close of discovery for October 20, 2022, and, thus, scheduled a premotion conference for November 16, 2022, provided that “[a] party wishing to file a summary

Case 1:21-cv-01748-LGS Document 79 Filed 11/17/22 Page 2 of 4

judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the
conference.” (Dkt. No. 46.) The Case Management Plan also directed the parties to serve
interrogatories and document requests by July 22, 2022, and that such requests must be responded
to by August 22, 2022. (See id. ¶ 8.) Meanwhile, the Aurora Defendants and Plaintiff were still
engaged in motion practice concerning the Aurora Defendants’ motion to dismiss the Amended
Complaint against them. (See Dkt. Nos. 17-18, 29, 32, 37, 41.)
Thus, on July 22, 2022, the City Defendants served its First Set of Interrogatories
and Request for the Production of Documents (hereinafter, “July 22, 2022 Discovery Requests”)
on Plaintiff and, separately, on the Aurora Defendants.
On July 26, 2022, the Court granted the Aurora Defendants’ motion to dismiss, but
afforded Plaintiff an opportunity to file a Third Amended Complaint. (See Dkt. No. 54.) Since
that time, Plaintiff has filed a Third Amended Complaint, and the Aurora Defendants are once
again seeking to move to dismiss the action against them. (See Dkt. Nos. 59-60, 63, 70, 72.)
Meanwhile, on October 5, 2022, the City Defendants served a Notice of Deposition
on Plaintiff for “a date and time to be agreed on by and between the parties,” and the undersigned
asked Plaintiff’s counsel to provide dates for Plaintiff’s deposition. The City Defendants also
proposed a stipulation for conducting remote depositions to all parties, asking counsel to sign and
return the stipulation.
In light of the ongoing motion practice between the Plaintiff and the Aurora
Defendants, on October 5, 2022, Plaintiff requested an extension of time to complete discovery
and participate in mediation. (See Dkt. No. 65.)
On October 6, 2022, the Court granted the Plaintiff’s request, extending the time to
complete fact discovery until November 21, 2022, “without prejudice to further application once
Defendants The Aurora Condominium and Cyris Jewels have appeared in this case.” (Dkt. No.
67.)
On October 27, 2022, the Aurora Defendants appeared in the case, writing to the
Court concerning their second anticipated motion to dismiss, and noting that, inter alia, “[t]he
Parties also conducted a pre-mediation conference on October 27, 2022,” and “[t]he Parties seek
guidance as to when mediation should take place based on the recent motion practice requested
by Aurora Defendants as well as current discovery end date.” (Dkt. No. 72.)
On October 28, 2022, the Court held that “[t]he parties should proceed with
mediation forthwith. At the conclusion of the mediation conference, the parties shall file a joint
letter apprising the Court of the status of mediation. The pre-motion conference and briefing
schedule will be determined thereafter” and that “the parties should proceed with discovery in the
meantime. If an extension to the fact discovery deadline is necessary, in light of the Aurora
Defendants having recently appeared, the parties shall file an application for the same. Otherwise,
discovery will not be extended except on a showing of diligence and compelling circumstances.”
(See Dkt. No. 73.)

2

Case 1:21-cv-01748-LGS Document 79 Filed 11/17/22 Page 3 of 4

That same day, the undersigned emailed Plaintiff’s counsel, reminding him that the
Plaintiff’s responses to the Defendants’ July 22, 2022 Discovery Requests were past-due and
asking when the Defendants would be receiving them.
After not receiving a response from counsel, on October 31, 2022, the undersigned
emailed all counsel again, asking whether (a) Plaintiff can be available for his virtual deposition
on either November 17 or 18 and (b) all attorneys can please sign and return the proposed
stipulation for conducting remote depositions.
On November 1, 2022, the City Defendants respectfully requested that the
November 16, 2022 pre-motion conference and associated pre-motion conference letter deadline
be adjourned to dates after the close of fact discovery. (See Dkt. No. 74.)
On November 3, 2022, the Court granted the City Defendants’ request, adjourning
the November 16, 2022 conference to December 21, 2022. (See Dkt. No. 75.)
On November 7, 2022, defense counsel emailed Plaintiff’s counsel again,
requesting that he provide Plaintiff’s responses to the Defendants’ July 22, 2022 Discovery
Requests by no later than November 9, 2022 at noon.
On November 9, 2022, Plaintiff’s counsel responded to the undersigned’s October
31, 2022 email, noting that he is “ok with a virtual deposition” and, instead of providing dates for
his client’s deposition, proposed that the parties seek another extension of time to complete fact
discovery. However, as of the date of this letter, counsel for the Aurora Defendants has signed
and returned the proposed stipulation, but Plaintiff’s counsel has not, notwithstanding the fact
that he consents to conducting virtual depositions. Furthermore, as of the date of this letter,
Plaintiff’s counsel has still not answered defense counsel’s inquiries concerning Plaintiff’s
responses to the Defendants’ July 22, 2022 Discovery Requests, nor has Plaintiff provided his
responses to the Defendants’ July 22, 2022 Discovery Requests.
On November 14, 2022, the parties participated in a mediation but were unable to
resolve the case. Notably, they believe that more paper discovery is required before they can
meaningfully participate in a mediation.
Accordingly, in consideration of the above, and particularly in light of the constant
motion practice and Plaintiff’s failures to respond to the City Defendants’ July 22, 2022
Discovery Requests or to provide dates to for his deposition, the City Defendants respectfully
request (a) with the consent of all parties, (i) that the deadline to complete fact discovery be
extended by three months, from November 21, 2022, to February 21, 2022, and (ii) a
corresponding adjournment of the pre-motion conference scheduled for December 21, 2022; and
(b) that the Court order Plaintiff to, by a date certain on pain of dismissal, (i) respond to the City
Defendants’ July 22, 2022 Discovery Requests, (ii) sign and return the stipulation for virtual
depositions to Defendants, and (iii) provide mutually available dates for the Plaintiff’s deposition.
The City Defendants thank the Court for its consideration.

3

Case 1:21-cv-01748-LGS Document 79 Filed 11/17/22 Page 4 of 4

Respectfully submitted,
_/s/_Nicolette Pellegrino ________
Nicolette Pellegrino
Assistant Corporation Counsel
Special Federal Litigation Division
CC:

VIA FIRST CLASS MAIL
Richard St. Paul, Esq.
Attorney for Plaintiff
Scott Heck, Esq.
Attorneys for defendants Cyris Jewels
and the Aurora Condominium

4