ABC v. DEF

Filing 125

ORDER granting 124 Letter Motion to Adjourn Conference. Application granted. Plaintiff's application to adjourn the order to show cause hearing is granted. The order to show cause hearing is adjourned to October 25, 2023 at 2:00 p.m. Plai ntiff is directed to serve this order on Defendants and to file proof of service. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 124. Show Cause Hearing set for 10/25/2023 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/25/2023) (rro)

Case 1:21-cv-05860-GHW Document 125 Filed 09/25/23 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/25/2023

MEMORANDUM ENDORSED
September 25, 2023
VIA ECF
Hon. Gregory H. Woods
United States District Judge
Thurgood Marshall
United States Courthouse
500 Pearl St.
New York, NY 10007
Re:

Smart Study Co., Ltd. v. Acuteye-US, et al.
Civil Case No. 21-cv-5860
Letter Request for Second Adjournment of Default Judgment Hearing

Dear Judge Woods,
We represent Plaintiff Smart Study Co., Ltd. (“Plaintiff”), in the above-referenced matter (the
“Action”).1 On August 14, 2023, the Court entered an Order requiring Defaulting Defendants to show
cause why default judgment and a permanent injunction should not be entered against them on October
3, 2023, at 1:00 p.m. (“DJ OSC Hearing”). (Dkt 120). On September 22, 2023, Plaintiff requested an
adjournment of the DJ OSC Hearing and per paragraph 1(E) of Your Honor’s Individual Rules of Practice
in Civil Cases provided October 10, 2023, October 11, 2023 and October 12, 2023 as alternative dates
for the DJ OSC Hearing. (Dkt. 123) The Court granted Plaintiff’s request, rescheduling the DJ OSC
Hearing to October 16, 2023, at 10:00 a.m. (Dkt. 123). In accordance with Your Honor’s Individual Rules
of Practice, Plaintiff respectfully requests a second adjournment of the DJ OSC Hearing, and submits the
following:
1. Original Date: October 16, 2023
2. The number of previous requests for adjournment: One, this is Plaintiff’s second request for
an adjournment of the DJ OSC Hearing.
3. The reason for the current request: The two (2) partners handling this case will be chairing and
speaking at a conference in London from October 15, 2023 through October 20, 2023, which
coincides with the date of the currently scheduled DJ OSC Hearing.
4. Whether the adversary consents: All of the Defendants remaining in this action are currently
in default, thus Plaintiff did not seek their consent.
5. Proposed alternative dates: Plaintiff respectfully proposes adjourning the DJ OSC Hearing to
one of the following dates: October 24, 2023, October 25, 2023, October 26, 2023, or October
27, 2023, or a date and time most convenient for the Court.
Where a defined term is referenced herein but not defined, it should be understood as it is defined in the Glossary in Plaintiff’s
Complaint or Application.
1

Case 1:21-cv-05860-GHW Document 125 Filed 09/25/23 Page 2 of 2

We thank the Court for its time and attention to this matter.
Respectfully submitted,
EPSTEIN DRANGEL LLP
BY: _/s/ Gabriela N. Nastasi
Gabriela N. Nastasi
[e-mail]
60 East 42nd Street, Suite 1250
New York, NY 10165
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

Application granted. Plaintiff’s application to adjourn the order to show cause hearing is granted. The order to show
cause hearing is adjourned to October 25, 2023 at 2:00 p.m. Plaintiff is directed to serve this order on Defendants and to
file proof of service. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 124.

SO ORDERED.
Dated: September 25, 2023
New York, New York

_____________________________________

GREGORY H. WOODS
United States District Judge