A.D. et al v. New York City Department of Education

Filing 13

ORDER: granting in part 12 Letter Motion for Extension of Time; granting 12 Letter Motion to Adjourn Conference. Application GRANTED IN PART. The Initial Pretrial Conference scheduled for Friday, February 16, 2024 at 10:00 A.M. is ADJOURNED to Friday, March 22, 2024, at 10:00 A.M. The deadline for the parties to submit a joint status letter containing the information described in the notice at Dkt. 5 is extended from Thursday, February 8, 2024, to Thursday, March 14, 2024. The parties have had three months to discuss settlement and, as of the last letter, the parties indicated that Defendant would make a settlement offer "within the next two weeks," meaning by January 23, 2024. See Joint Letter, Dkt. 9. The current letter do es not explain why an additional 60-day extension is necessary. The Court is highly unlikely to grant further extensions absent extraordinarily good cause. SO ORDERED.( Initial Conference set for 3/22/2024 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/07/2024) (ama)

ANDREW CUDDY
MANAGING ATTORNEY

February 6, 2024
Hon. Valerie E. Caproni
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 2/7/2024

BENJAMIN KOPP
ASSOCIATE ATTORNEY
[e-mail]
DIRECTDIAL 315-207-5584

MEMO ENDORSED

A.D. v. New York City Dept. of Educ., 23-cv-9840-VEC-BCM

Dear Hon. Caproni:
I am the attorney assigned at Cuddy Law Firm, P.L.L.C. to Plaintiff A.D.’s abovecaptioned action, where the sole claim is for prevailing party fees, costs, and expenses following
proceedings under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400, et
seq.
Plaintiff respectfully requests a sixty-day extension and adjournment of the joint status
letter and associated Initial Pretrial Conference, which are currently scheduled at ECF 10 for,
respectively, February 8, 2024 and 10:00 a.m. on February 16, 2024. Sixty days would place the
letter at April 8, 2024 and the IPTC on April 16, 2024, or the Court’s earliest convenience
thereafter.
The reason for this request is that the parties remain in the process of settlement
discussions, with billing having been provided to Defendant.
This would be the third request concerning this pair of deadlines. The first was granted; the
second, which proposed a joint status letter without mention of the IPTC, was granted in part,
resulting in the existing schedule.
I have reached out to opposing counsel on this matter this morning, and am not certain
whether she has had a chance to consider it yet.
Thank you for your attention to and consideration of this matter.
Respectfully,
s/ Benjamin M. Kopp
Benjamin M. Kopp, Esq.

5693 SOUTH STREET ROAD, NEW YORK 13021 • FAX: [phone]

Application GRANTED IN PART. The Initial Pretrial Conference scheduled for Friday, February 16,
2024 at 10:00 A.M. is ADJOURNED to Friday, March 22, 2024, at 10:00 A.M. The deadline for the
parties to submit a joint status letter containing the information described in the notice at Dkt. 5 is
extended from Thursday, February 8, 2024, to Thursday, March 14, 2024.
The parties have had three months to discuss settlement and, as of the last letter, the parties indicated
that Defendant would make a settlement offer "within the next two weeks," meaning by January 23,
2024. See Joint Letter, Dkt. 9. The current letter does not explain why an additional 60-day extension
is necessary. The Court is highly unlikely to grant further extensions absent extraordinarily good cause.
SO ORDERED.

2/7/2024
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE