Mendez v. John Jay College of Criminal Justice

Filing 14

ORDER granting in part 12 Letter Motion to Adjourn Conference. Application GRANTED in part. The conference scheduled for November 21, 2023, is ADJOURNED to December 6, 2023, at 2:00 P.M. on conference line 888-363-4749, access code: 5583333. Def endants may file papers in opposition by November 30, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. Telephone Conference set for 12/6/2023 at 02:00 PM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 11/15/2023) (jca)

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES
ATTORNEY GENERAL

DIVISION OF STATE COUNSEL
LITIGATION BUREAU

November 14, 2023

Application GRANTED in part. The conference scheduled for November
21, 2023, is ADJOURNED to December 6, 2023, at 2:00 P.M. on
conference line 888-363-4749, access code: 5583333. Defendants may
file papers in opposition by November 30, 2023. The Clerk of Court is
respectfully directed to mail a copy of this Order to Plaintiff.

BY ECF
Hon. Lorna G. Schofield
United States District Court
Southern District of New York Dated: November 15, 2023
500 Pearl Street
New York, New York
New York, New York 10007
Re:

Mendez v. John Jay College of Criminal Justice, 23-cv-8816 (SDNY)

Your Honor:
I write on behalf of Defendant City University of New York 1 in the matter referenced
above. I write requesting a two-week adjournment of the conference scheduled for November 21,
2023, and for Defendant to file papers in opposition to Plaintiff’s motion for a temporary
restraining order.
On October 6, 2023, Plaintiff filed his Complaint and proposed Order to Show Cause. In
his Order to Show Cause, Plaintiff, a student at John Jay College, seeks accommodations related
to his visual impairment during the pendency of this action. On November 3, 2023, the Court
signed Plaintiff’s Order to Show Cause, and set a conference for November 21, 2023 to consider
whether a temporary restraining order and preliminary injunction should be issued pursuant to
Rule 65 of the Federal Rules of Civil Procedure. Defendant was served with the Complaint on
November 13, 2023, but it was not served with the Order to Show Cause. Prior to service, CUNY
was unaware that this action was pending. Indeed, CUNY only became aware of the Order to
Show Cause upon checking the docket after service of the Complaint. 2
Defendant now seeks a two week adjournment of the conference to December 5, 2023. An
extension of time is requested to ensure that this Office has sufficient time to determine
representation in this matter, and due to the Thanksgiving holiday, professional obligations in other
matters, and the fact that Defendant was only served with the Complaint yesterday. Defendant
1
The John Jay College of Criminal Justice is a senior college of CUNY and is not a “legally cognizable entity
apart from CUNY.” Clissuras v. City Univ. of N.Y., 359 F.3d 79, 81 n.2 (2d Cir. 2004); N.Y. Educ. Law § 6202(5).
2
The Court’s Order indicates that copies of the signed Order were forwarded by email to certain non-party
professors at John Jay College on or about November 3, but these documents were never forwarded to counsel’s office
at either John Jay College or CUNY’s Central Office of General Counsel.
28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● www.ag.ny.gov

Hon. Lorna G. Schofield
November 14, 2023

Page 2 of 2

requires the additional time to prepare its response addressing the factual allegations made in
support of Plaintiff’s motion. This is Defendant’s first request for an adjournment of the
conference. I sent an email to Plaintiff yesterday, and also attempted to call him to seek his
consent, but did not receive a response.
Respectfully submitted,
/s Christopher Coulston_________
Christopher V. Coulston
Assistant Attorney General
[phone]
[e-mail]
cc:

by first class mail and email
Franklin Mendez
550 West 174th Street
Apt. 5
New York, New York 10033
[e-mail]