Battaglia v. New York City Transit Authority et al
Filing
62
ORDER granting 61 Letter Motion to Adjourn Conference Application GRANTED. Parties shall submit briefing by the proposed deadlines above. The conference scheduled for February 5, 2025 is ADJOURNED sine die. The Clerk of Court is directed to terminate ECF No. 61. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/28/2025) (jca)
Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299
January 27, 2025
Via ECF
Hon. Jessica G. L. Clarke, U.S.D.J.
United States District Court for the Southern District of New York
Daniel Patrick Moynihan U.S. Courthouse
500 Pearl Street
New York, New York 10007-1312
Re:
Michelle A. Annese
Partner
d +1.212.969.3457
f 212.969.2900
mannese@proskauer.com
www.proskauer.com
Battaglia v. New York City Transit Authority, et al., Case No. 1:23-cv-03446-JGLC
Dear Judge Clarke:
We represent Defendants New York City Transit Authority and Metropolitan
Transportation Authority (together, “Defendants”) in connection with the above-referenced
matter. Together with Plaintiff Salvatore Battaglia, we write pursuant to Rule 3(e) of Your
Honor’s Individual Practices in Civil Cases, to propose a briefing schedule for Defendants’
anticipated motion for summary judgment and motion to preclude the testimony of Plaintiff’s
purported expert, John E. Beauzile; and Plaintiff’s anticipated motion for partial summary
judgment.
In accordance with Your Honor’s September 25, 2024 scheduling order, fact discovery
ended on October 25, 2024 and expert discovery ended on January 20, 2025. (Dkt. 49 at 3.) An
in-person case management conference before Your Honor is scheduled for February 5, 2025 at
10:00 a.m. (Id.)
Defendants intend to move for summary judgment on all of Plaintiff’s claims for
disability discrimination and failure-to-accommodate, which are asserted under the Americans
with Disabilities Act and New York City Human Rights Law, and to seek dismissal of the
Complaint in its entirety with prejudice. Defendants also intend to move to preclude Mr.
Beauzile’s testimony with respect to Plaintiff’s purported pension loss damages.
Likewise, Plaintiff intends to move for partial summary judgment on Plaintiff’s claim for
failure to reasonably accommodate a disability pursuant to the New York City Human Rights
Law.
That being said, the parties are engaged in ongoing settlement discussions, and have
participated in two pre-settlement conference calls with Magistrate Judge Ona T. Wang (on
December 12, 2024 and January 16, 2025). An in-person settlement conference with Magistrate
Judge Wang is scheduled for February 12, 2025 at 10:30 a.m. (Dkt. 59.) Given their current
focus on resolving this matter through settlement, the parties have met and conferred, and
respectfully request that the Court enter the following briefing schedule:
Boca Raton | Boston | Chicago | Hong Kong | London | Los Angeles | New Orleans | New York | Paris | São Paulo | Washington, DC
January 27, 2025
Page 2
Deadline for Summary Judgment Motions
and Rule 702-705/Daubert Motions
March 25, 2025
Deadline for Oppositions
April 22, 2025
Deadline for Replies
May 6, 2025
Respectfully submitted,
/s/ Michelle A. Annese
Michelle A. Annese
cc:
All Counsel of Record (via ECF)
Application GRANTED. Parties shall submit briefing
by the proposed deadlines above. The conference
scheduled for February 5, 2025 is ADJOURNED
sine die. The Clerk of Court is directed to terminate
ECF No. 61.
SO ORDERED.
JESSICA G. L. CLARKE
United States District Judge
Dated: January 28, 2025
New York, New York
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