Hunt v. Alamo et al

Filing 22

ORDER granting 21 Letter Motion to Adjourn Conference. Granted. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 11/14/2023) (ks) (Main Document 22 replaced on 11/14/2023) (ks). ORDER granting 21 Letter Motion to Adjourn Conference. Granted. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 11/14/2023) (ks) (Main Document 22 replaced on 11/14/2023) (ks).

E

LAW

WELTZ KAKOS GERBI WOLINETZ VOLYNSKY LLP

ViaECF
Hon. Paul A. Engelmayer, U.S.D.J.
United States District Court
Southern District of New York
40 Foley Square, Room 220 I
New York, New York I 0007
Re:

November 14, 2023

William Hunt v. Michael J. Alamo, et al. - Case No. 1:23-CV-09151-PAE

Dear Judge Engelmayer,
The undersigned represents Defendants Michael J. Alamo and Alamo Management, LLC
(collectively, "Defendants") in the above-referenced action.
Yesterday, Defendants filed a motion to dismiss (the "Motion") the Verified Complaint (the
"Complaint"), in its entirety. The Complaint asserts three separate causes of action based on
purpmied violations of the Securities Act of 1933 and the Securities Exchange Act of 1934. 1
Pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. §
78u-4(b )(3 )(b), there is an automatic stay of discovery during the pendency of the Motion. Altimeo
Asset Mgmt. v. Qihoo 360 Tech. Co., No. 19-CV-10067-PAE, 2022 U.S. Dist. LEXIS 94197, at
*3 (S.D.N.Y. May 25, 2022) ("The PSLRA provides that 'all discovery and other proceedings
shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the
motion of any party that patticularized discovery is necessaty to preserve evidence or to prevent
undue prejudice to that patty."').
In light of the foregoing, Defendants respectfully request that the Initial Pretrial Conference
presently scheduled for November 21, 2023 should be adjourned, pending the Comt's
determination of the Motion.
Plaintiff's Counsel, Brandon Dei, Esq., consents to the adjournment request.
This Defendants' second request for an adjournment of the Initial Pretrial Conference. The
Comi previously denied Defendants' first request, without prejudice. [DE 19].
We thank the Court for its time and consideration.
Respectfully submitted,
Isl Robert Volynsky
Robett B. Volynsky
cc:
1

Counsel of Record (via ECF)

For ease of reference, a true and con-ect copy of the Summons and Complaint are annexed hereto at Exhibit A.

1 OLD COUNTRY ROAD, SUITE 275 I CARLE PLACE, NEW YORK 11511,
T: [phone]

Granted. SO ORDERED.
Dated: November 14, 2023
New York, New York

PAULA. ENGELMJ\YEK

United States District Judge