Amarte USA Holdings, Inc. v. L'Oreal USA S/D, Inc. et al

Filing 29

ORDER granting #28 Letter Motion to Adjourn Conference. Granted. Conference 6/13/2024 at 10:00 a.m. Initial Conference set for 6/13/2024 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/27/2024) (vfr)

UNITED STATES DISIBIE> COURT
SOUTHERN DISTRICT OF NEW YORK

AMARTE US A HOLDINGS , INC. ,
Plaintiff,
V.

L'OREAL USA S/D, INC .; L' OREAL USA,
INC .; ULTA BEAUTY, IN C.; and SEPHORA
USA, INC.,
Defendants.

JOINT LETTER MOTION TO
ADJOURN INITIAL PRETRIAL
CONFERENCE
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Dear Judge McMahon:

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The undersigned counsel represent the parties in the above-referenced case. Pursuant to Rule l(D)
of Your Honor' s Individual Practices and Procedures, we write jointly to request an adjournment
of the initial pretrial conference in this case. The parties are currently scheduled to appear for an
initial pretri al conference on Apri l 18, 2024, and are required to submit a proposed Civil Case
Management Plan to the Court by April 5, 2024. (See ECF No . 25 .)
The parties are engaged in settlement discussions and believe that they have reached a settlement
agreement in principle that would reso lve this matter in its entirety. In thi s regard , Pl aintiff is
preparing a draft formal settlement agreement for review by Defendants. Because settlement would
result in the dismissal of the action- thereby rendering moot the need for an initial pretrial
conference and discovery in this case-the parties believe that it would be most productive fo r
them, and would ease the bu rden on the Court, to allow the parties to continue to foc us their effo rts
on settlement.
Accordingly, the parties j ointly request that the Court adjourn the initial pre~..:oon ference to a ·date that is convenient for the Court during the week of either June 3 o June 10. an-d that the
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parties be permitted to submit their proposed case managment plan fourtee J-4J ays in advance f'9-;,---,~~
of the new in itial pretrial conference date assuming that the case is not fully sett led before then .
._____
No previous requests for adjournment of the initial pretrial conference have been made. No
scheduling order has yet been entered in thi s case and, thus, the requested adjournment will not
affect any other scheduled dates .
We thank the Court for its time and consideration of this matter.

Case 1:24-cv-01276-CM Document 28 Filed 03/26/24 Page 2 of 2

Respectfull y submitted,
Dated: New York, New York
March 26, 2024
LIPPES MATRIAS LLP

FROSS ZELNICK LEHRMAN & ZISSU,
P.C.

By:
/s/ Tony V. Pezzano
Tony V. Pezzano (tpezzano@ lip pes.com)
Scott E. Thompson (sthompson@ lippes.com)
260 Madison A venue, 17th Floor
New York, New York 10016

By:
/s/ Barbara A. Solomon
Barbara A. Solomon (bso lorn [e-mail])
Jason D. Jones (jj [e-mail])
Andrew Nietes (anietes@fz lz.com )
151 West 42nd, 17th Floor
New York, New York 10036

Attorneys f or Plaintiff
Attorneysjor Defendants

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4865-7269-0866 , V. 1