Lillo-Langer et al v. China State Construction Engineering Corp. LTD

Filing 11

ORDER granting 9 Letter Motion for Extension of Time to File. Application granted. The initial pretrial conference is adjourned sine die. The Court will hold a conference on Friday, January 14, 2022 at 3:00 p.m. to address the defendants' anticipated motion to dismiss. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 9. (Signed by Judge Gregory H. Woods on 1/7/2022) (rro)

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Case 1:21-cv-11043-GHW Document 11 Filed 01/07/22 Page 1 of 2 EUSTACE, PREZIOSO & YAPCHANYK MEMORANDUM ENDORSED ATTORNEYS AT LAW 55 Water Street • 28th Floor New York, NY 10041 TEL (212) 612-4200 FAX (212) 612-4284 EDWARD M. EUSTACE RICHARD C. PREZIOSO CHRISTOPHER M. YAPCHANYK LAUREN S. YANG PAUL A. TUMBLESON MAUREEN E. PEKNIC ANTHONY J. TOMARI THOMAS B. FERRIS TERENCE H. DeMARZO ROBERT M. MAZZEI ROBERT M. MICHELL MILES A. LINEFSKY DANIEL P. ROCCO Not a Partnership or Professional Corporation Employees of ACE American Insurance Company, a Chubb Company USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 1/7/22 MICHAEL S. MUNGER HILLARY A. FRAENKEL BHAVLEEN K. SABHARWAL PETER T. MENSCHING JUSTIN V. BUSCHER VACH VIVACHARAWONGSE CLAUDE E. LAROCHE ROBERT K. BATES OF COUNSEL ALAN J. HARRIS BRENDAN HENNESSY JONATHAN E. HILL MICHELLE GRAMLICH MITCHELL A. GREENE January 6, 2022 Via ECF Hon. Gregory H. Woods United States District Court Southern District of New York Daniel Patrick Moynihan U.S Courthouse 500 Pearl Street New York, New York 10007 Re: Langer v. China State Construction Engineering Corp. LTD, et al. United States District Court, Southern District of New York Civil Action Case No. 1:21-cv-11043 Dear Honorable Judge Woods: We represent the defendants in the above-captioned personal injury action, China State Construction Engineering Corp., LTD., Hilton Worldwide Holdings, Inc., Hilton Hotel & Resorts, Inc., and Park Hotel & Resorts Inc. (formerly known as “Hilton Hotels Corp.”). Defendants recently removed this action to the United States District Court for the Southern District of New York. The defendants respectfully request an extension of time to submit a Joint Letter and Proposed Case Management Plan because of the defendants’ intentions to promptly re-file a motion to dismiss the plaintiffs’ Verified Complaint in its entirety, for lack of personal jurisdiction over all four named defendants. The plaintiffs have not consented to this request. On December 28, 2021, this Honorable Court entered an Order directing the parties to submit a Joint Letter and Proposed Case Management Plan by January 7, 2022, in preparation for the Initial Pretrial Conference, currently scheduled for January 14, 2022, at 3:00 p.m. Case 1:21-cv-11043-GHW Document 11 Filed 01/07/22 Page 2 of 2 Hon. Gregory H. Woods January 6, 2022 Page 2 On this date, defendants filed via ECF a pre-motion submission requesting a pre-motion conference regarding the re-filing of the defendants’ motion to dismiss the plaintiffs’ Verified Complaint in its entirety for lack of personal jurisdiction over all named defendants, which was pending in state court prior to the removal of this action. It is the defendants’ position that they have promptly and consistently asserted meritorious jurisdictional defenses that need to be determined by this Honorable Court and which should indeed render moot the discovery schedule to be set forth in the Proposed Case Management Plan that is currently due on January 7, 2022. Defendants respectfully assert that a Case Management Plan that directs the parties to complete discovery at this Court’s consistently efficient pace would prejudice defendants rights to a determination on the merits of its motion to dismiss, which was pending in state court at the time of removal. For these reasons, the defendants respectfully request that this Honorable Court grant the parties an extension of time to submit the previously-ordered Joint Letter and Proposed Case Management Plan until the defendants’ current application for a dismissal on personal jurisdiction grounds has been resolved on the merits. The defendants remain flexible as to the timing of any conferences to discuss this application or the defendants’ proposed motion to dismiss. However, we could be available on Friday, January 14, 2022 at 3:00 p.m. if convenient for the Court to discuss these matters further. This was the previously-ordered date and time for the Initial Pretrial Conference. We look forward to the Court’s determination on these pending requests, and remain available to discuss further at the Court’s convenience. Thank you for your consideration. Respectfully submitted, EUSTACE, PREZIOSO & YAPCHANYK Robert M. Mazzei RMM:rmm cc: Via E-Mail Kafko Schnitzer, LLP (kafkoschnitzerstaff@gmail.com) Application granted. The initial pretrial conference is adjourned sine die. The Court will hold a conference on Friday, January 14, 2022 at 3:00 p.m. to address the defendants' anticipated motion to dismiss. The parties are directed to the Court’s Emergency Rules in Light of COVID-19, which are available on the Court’s website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court’s Emergency Rules. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 9. SO ORDERED. Dated: January 7, 2022 New York, New York _____________________________________ GREGORY H. WOODS United States District Judge

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