Amarte USA Holdings, Inc. v. Bergdorf Goodman LLC et al

Filing 73

ORDER granting 71 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 71. SO ORDERED. (Signed by Judge Arun Subramanian on 3/27/2024) (vfr)

Case 1:24-cv-00883-AS Document 71 Filed 03/26/24 Page 1 of 2

Connor T. Gants | T. 312.984.3184 | [e-mail]
March 26, 2024
VIA ECF
Honorable Judge Arun Subramanian
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

Application GRANTED. The Clerk of
Court is directed to terminate the motion at
ECF No. 71.
SO ORDERED.

Arun Subramanian, U.S.D.J.
Date: March 27, 2024

Re: Joint Letter Requesting Extension Of Time – Amarte USA Holdings, Inc. v. Bergdoff
Goodman LLC, et al., 1:24-cv-00883-AS
Dear Honorable Judge Subramanian:
Pursuant to Your Honor’s Individual Practices in Civil Cases (Rule 3.E.), the parties jointly submit
this letter to request an extension of time for Plaintiff to file today a Corrected Opposition Brief
and for Defendants to reply to Plaintiff’s forthcoming corrected Opposition brief to Defendants’
Motion to Dismiss based on the following:
On March 25, 2024, Plaintiff filed its Opposition brief to Defendants’ March 15, 2024 Motion to
Dismiss. Plaintiff’s Opposition brief is 25 pages, exceeding the allotted 20 page limited in this
Court’s Individual Practices in Civil Cases (Rule 8.C.).
The parties have met and conferred over this page limit issue and agreed that Plaintiff will correct
its brief within the 20-page limit by 5:00 p.m. Eastern on March 26, 2024. Accordingly, the parties
have also agreed to extend Defendants’ Reply brief due date an extra day, from its current due date
of April 1, 2024 (see Mar. 7, 2024 Scheduling Order, ECF No. 53) to April 2, 2024.
The parties also agreed that Plaintiff will file a Motion for Leave to File a Second Amended
Complaint by Thursday, March 28, 2024, and Defendants will oppose such motion.
Defendants have not sought any prior extensions. They request this extension so that they have
sufficient time to review and reply to Plaintiff’s forthcoming corrected Opposition brief,
particularly in light of the Easter holiday. Both parties consent to this extension.
The parties’ next scheduled appearance before the Court is a hearing on the Motion to Dismiss
scheduled on April 17, 2024 at 4:30 PM. (See Mar. 19, 2024 Memo Endorsement, ECF No. 64.)
Such an extension will not affect this hearing date or any deadlines in this case, as there are no
other deadlines aside from current the April 1, 2024 Reply brief due date, which the parties request
be extended to April 2, 2024.

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Case 1:24-cv-00883-AS Document 71 Filed 03/26/24 Page 2 of 2

Connor T. Gants | T. 312.984.3184 | [e-mail]
Respectfully Submitted,
/s/ Connor T. Gants
Connor T. Gants
BARACK FERRAZZANO KIRSCHBAUM
& NAGELBERG LLP

200 West Madison Street, Suite 3900 | Chicago, Illinois 60606 | T. 312.984.3100 | F. 312.984.3150 | bfkn.com