Bullock v. Cup O' Co LLC

Filing 7

ORDER granting 6 Letter Motion for Extension of Time to Answer re 6 LETTER MOTION for Extension of Time to File Answer addressed to Judge Dale E. Ho from Adya Baker dated November 9, 2023. LETTER MOTION to Adjourn Conference (Initial Conference) addressed to Judge Dale E. Ho from Adya Baker dated November 9, 2023.. Cup O' Co LLC answer due 12/10/2023( Initial Conference set for 1/23/2024 at 02:00 PM before Judge Dale E. Ho.); granting 6 Letter Motion to Adj ourn Conference. Application GRANTED. Defendant must respond to the Complaint (Dkt. No. 1) by December 10, 2023. The conference scheduled for December 12, 2023 (Dkt. No. 5) is ADJOURNED to January 23, 2024, at 2:00 p.m. ET. The conference will be held via Microsoft Teams. The parties should dial in by calling [phone] and entering the Phone Conference ID: 612 485 758, followed by the pound (#) sign. The joint status letter and proposed Civil Case Management Plan and Scheduling Order are due January 16, 2024. The Clerk of Court is respectfully directed to terminate Dkt. No. 6. SO ORDERED.. (Signed by Judge Dale E. Ho on 11/13/2023) (ks)

1900 M Street NW, Suite 250, Washington, DC 20036
[phone]

Adya Baker
[phone]
[e-mail]
November 9, 2023
Via ECF
Hon. Dale E. Ho
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Request to Extend Deadline to Respond to Complaint and Adjourn Initial Conference,
Bullock v. Cup O' Co LLC, Case No. 1:23-cv-07563-DEH
Dear Judge Ho:
My firm represents Defendant Cup O’ Co LLC in the above-referenced case. I write
pursuant to Section 2(e) of your Honor’s Individual Rules and Practices to request an extension
of Defendant’s deadline to respond to Plaintiff’s Complaint up to and including December 10,
2023 and an adjournment of the December 12 Initial Conference.
Plaintiff served the Complaint on Defendant’s registered agent on September 24, 2023;
however, Defendant was not made aware of the Complaint until October 27, 2023 following an
email from Plaintiff’s counsel. The original deadline to respond to the Complaint was October
16, 2023. Counsel for Defendant has spoken with counsel for Plaintiff, who consents to a 30-day
extension for Defendant to respond to the Complaint while the parties explore the possibility of a
settlement and an adjournment of the December 12 Initial Conference.
Given the Parties’ agreement that Defendant may have additional time to respond to the
Complaint while the Parties explore an early resolution to this matter, Defendant with Plaintiff’s
consent, respectfully requests an extension of time to respond to the Complaint until December
10 and an adjournment of the Initial Conference scheduled for December 12, 2023, at 12:00 p.m.
The Parties have conferred and are available on January 19, January 23, or January 25 for
a rescheduled Initial Conference.
This is Defendant’s first request for an extension of time. The Court has not yet issued a
scheduling order, and as such this requested extension does not affect any other days.

Respectfully submitted,
By: /s/ Adya Baker
Adya Baker
ZWILLGEN PLLC
1900 M Street NW, Suite 250
Washington, DC 20036
Telephone: [phone]
[e-mail]
Counsel for Defendant
Cup O’ Co LLC
CC: All counsel of record (via ECF)

Application GRANTED.
Defendant must respond to the Complaint (Dkt. No. 1) by December 10, 2023.
The conference scheduled for December 12, 2023 (Dkt. No. 5) is ADJOURNED to January 23, 2024, at
2:00 p.m. ET. The conference will be held via Microsoft Teams. The parties should dial in by calling
[phone] and entering the Phone Conference ID: 612 485 758, followed by the pound (#) sign.
The joint status letter and proposed Civil Case Management Plan and Scheduling Order are due
January 16, 2024.
The Clerk of Court is respectfully directed to terminate Dkt. No. 6.
SO ORDERED.

Dale E. Ho
United States District Judge
Dated: November 13, 2023
New York, New York

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