THOMAS v. PONCE FINANCIAL GROUP, INC. et al

Filing 45

ORDER granting in part and denying in part 43 Letter Motion for Extension of Time to File. Application GRANTED IN PART AND DENIED IN PART. The Civil Case Management Plan and Scheduling Order in this case was entered on October 18, 2023. ECF No. 32 . Thus, the parties have had five months' notice of the April 19, 2024 deadline to move for summary judgment. In addition, the Case Management Plan provided that the deadlines therein would "not be further extended absent extraordinary circ umstances," ECF No. 32 at 1, and "may not be modified, or the dates herein extended, except by further Order of the Court for good cause shown." Id. at 3. As a one-time accommodation, the Court will extend the deadline to move for su mmary judgment to Monday, April 29, 2024. Opposition papers shall be filed by Tuesday, May 28, 2024. Reply papers in further support of Defendants' motion shall be filed by Monday, June 17, 2024. The parties shall file the joint pretrial order within 45 days of the Court's decision on Defendants' summary judgment motion. The Clerk of Court is directed to terminate ECF No. 43. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/27/2024) (mml)

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3/27/2024

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March 18, 2024
VIA ECF
Honorable Jennifer H. Rearden
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007-1312
Re:

MEMO ENDORSED
Kurtia Thomas v. Ponce Financial Group, Inc., et al.,
Case No. 23 Civ. 01540 (JHR)(RFT)

Dear Judge Rearden:
We write on behalf of Defendants Ponce Financial Group, Inc. (“Ponce”) and Mortgage
World Bankers, Inc. (“MWB”) (collectively, “Defendants”), and with the consent of counsel for
Plaintiff, to respectfully request pursuant to Your Honor’s Individual Rule 2(A) that the Court (1)
endorse the following briefing schedule for Defendants’ anticipated Motion for Summary
Judgment, and (2) stay the parties’ time to file the Joint Pretrial Order in this case until 75 days
after the Court issues a decision on Defendants’ forthcoming Motion for Summary Judgment. This
is Defendants’ first request for an extension of time to file their Motion for Summary Judgment
and the parties’ first request to stay the parties’ time to file the Joint Pretrial Order.
Pursuant to paragraph 14 of the Scheduling Order, So Ordered on October 18, 2023 (Dkt.
No. 32), Defendants intend to move for Summary Judgment on Plaintiff’s claims within 60 days
after the close of expert discovery. Expert discovery closed on February 19, 2024 (Dkt. No. 32, ¶
9(d)) and, therefore, Defendants’ moving papers are due by April 19, 2024. Defendants
respectfully request that the Court extend Defendants’ time to file their Motion for Summary

Hon. Jennifer H. Rearden
March 18, 2024
Page 2

Judgment moving papers two weeks – to May 3, 2024. This extension is necessary as both
attorneys serving as Defendants’ counsel in this matter will be away and out of the country between
March 29-April 7 and April 15-23, 2024, respectively, and will require this additional time to
finalize their moving papers. Plaintiff consents to this extension request.
The parties have met and conferred and respectfully submit for the Court’s endorsement
the following proposed briefing schedule for Defendants’ anticipated Motion for Summary
Judgement:
1. May 3, 2024 – Defendants file their moving papers;
2. June 7, 2024 – Plaintiff files her opposition papers; and,
3. July 9, 2024 – Defendants file their reply papers.
Further, as Defendants will move for Summary Judgment in this case, in the event the
Court does not grant summary judgment on all of Plaintiff’s claims, the parties respectfully request
the Court extend Your Honor’s Individual Rule 7(A) 30-day deadline to submit the parties’ Joint
Pretrial Order to 75 days after the Court issues its decision on Defendants’ Motion for Summary
Judgment due to the complexities in this case.
The parties appreciate Your Honor’s attention and consideration of this joint request.
Respectfully submitted,
JACKSON LEWIS P.C.

s/ Marc S. Wenger
Marc S. Wenger
MSW:dc
Application GRANTED IN PART AND DENIED IN PART. The
Civil Case Management Plan and Scheduling Order in this case was
cc:
All counsel of record, Via ECF entered on October 18, 2023. ECF No. 32. Thus, the parties have
had five months’ notice of the April 19, 2024 deadline to move for
4884-5895-7218, v. 1
summary judgment. In addition, the Case Management Plan provided
that the deadlines therein would “not be further extended absent extraordinary circumstances,” ECF No. 32 at 1, and
“may not be modified, or the dates herein extended, except by further Order of the Court for good cause shown.” Id. at 3.
As a one-time accommodation, the Court will extend the deadline to move for summary judgment to Monday, April 29,
2024. Opposition papers shall be filed by Tuesday, May 28, 2024. Reply papers in further support of Defendants’ motion
shall be filed by Monday, June 17, 2024. The parties shall file the joint pretrial order within 45 days of the Court’s decision
onn Defendants’
Defendants summary judgmen
judgment motion. The Clerk of Court is directed to terminate ECF No. 43. SO ORDERED.
Jennifer
Jenniifer H. Rearden, U.S.D.J.
U.S.D
Dated: March 27, 2024