Dinkins v. The City of New York et al

Filing 20

ORDER granting 19 Letter Motion to Adjourn Conference; granting 19 Letter Motion for Extension of Time. Application GRANTED. The initial pretrial conference scheduled for July 17, 2024, is ADJOURNED to July 24, 2024, at 2:00 P.M. The parties s hall file their preconference materials by July 10, 2024. A revised order to the Warden will issue separately. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 19 and to mail a copy of this Order to the pro se Plaintiff. (Initial Conference set for 7/24/2024 at 02:00 PM before Judge Lorna G. Schofield.). (Signed by Judge Lorna G. Schofield on 6/5/2024) (jca)

THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT

100 CHURCH STREET
NEW YORK, NEW YORK 10007

BY ECF
Honorable Lorna G. Schofield
United States District Judge
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re:
Your Honor:

ZACHARY KALMBACH
Senior Counsel
phone: [phone]
fax: [phone]
[e-mail]

May 31, 2024

Dinkins v. the City of New York et al.,
24 Civ. 01604 (LGS)

I represent defendant the City of New York in the above-referenced matter. 1 The City
writes to respectfully request: (1) a brief adjournment of the July 17, 2024, Initial Conference; and
(2) an extension of time to submit the proposed case management plan and accompanying joint
letter from June 5, 2024, to 14 days prior to the Initial Conference. Plaintiff consents to both
requests.
By way of background, on April 2, 2024, the Court scheduled an Initial Conference for
June 12, 2024, at 4:10 p.m., and set the deadline for the parties to submit a proposed case
management plan with an accompanying joint letter for 14 days before the Initial Conference.
Thus, the parties proposed case management plan was originally due on May 29, 2024. On May
28, 2024, the undersigned requested, inter alia, a one week extension of time to submit the case
management plan, because ACC Reszytniak had been unable to schedule a call with plaintiff prior
to the deadline to submit the case management plan. (See ECF No. 17). Thereafter, pursuant to
the Court’s Order dated April 2, 2024, ACC Reszytniak contacted chambers to inform the Court
that Mid-State Correctional Facility would be unable to accommodate a call past 3:00 pm. The
same day, the Court adjourned the Initial Conference to July 17, 2024, at 2:00 pm, and extended
the deadline for submission of the parties case management plan and accompanying joint letter to
June 5, 2024. (See ECF No. 18).
Unfortunately, ACC Reszytniak is unable to attend the Initial Conference as currently
scheduled, as she will be participating in the previously scheduled New York City Law Department
Trial Advocacy Program from 9:00 a.m. to 5:00 p.m. on July 17, 2024. In light of this conflict,
This case has been assigned to Assistant Corporation Counsel Zoe Reszytniak, who is not yet admitted to the
Southern District of New York. Ms. Reszytniak is handling this matter under my supervision and may be reached at
[phone] or [e-mail].

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defendant respectfully requests a brief adjournment of the July 17, 2024, Initial Conference to a
later date convenient for the Court. For the Court’s convenience, the parties are available on: (a)
July 18, 2024, from 8:00 a.m. to 3:00 p.m.; (b) July 19, 2024, 8:00 a.m. to 3:00 p.m.; or (c) July
22, 2024, 8:00 a.m. to 3:00 p.m. Defendant sincerely apologizes for any inconvenience the
requested adjournment may cause the Court. Insofar as the Court grants the requested
adjournment, defendant respectfully requests that the Court issue a revised order for the Warden
or other official in charge of the Orleans Correctional Facility 2 to produce plaintiff for the Initial
Conference.
Additionally, defendant respectfully requests that the Court extend the deadline for the
parties to submit a proposed case management plan and joint letter to 14 days prior to the Initial
Conference. As no individual defendants have been identified out this time due to the outstanding
Valentin Order, and no defendant having responded to the Complaint, this extension will allow the
parties to submit a more comprehensive case management plan and accompanying joint letter
while still adhering to Your Honor’s individual rule requiring they be submitted 14 days before
the initial conference.
Accordingly, defendant respectfully requests: (1) an adjournment of the July 17, 2024,
Initial Conference; and (2) an extension of time to submit the proposed case management plan and
joint letter from June 5, 2024, to 14 days prior to the Initial Conference.
Thank you for your time and consideration.
Respectfully submitted,
/s/ Zachary Kalmbach
Zachary Kalmbach
Senior Counsel
Special Federal Litigation Division

Application GRANTED. The initial pretrial conference
scheduled for July 17, 2024, is ADJOURNED to July 24,
2024, at 2:00 P.M. The parties shall file their
preconference materials by July 10, 2024. A revised order
to the Warden will issue separately. The Clerk of Court is
respectfully directed to close the motion at Dkt. No. 19 and
to mail a copy of this Order to the pro se Plaintiff.
Dated: June 5, 2024
New York, New York

Upon information and belief, plaintiff is being relocated from Mid-State Correctional Facility to Orleans
Correctional Facility, and as such will be in the custody of Orleans in moving forward. Accordingly, ACC Reszytniak
has been in contact with Orleans Correctional Facility to coordinate plaintiff’s appearance for the Initial Conference.
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CC:

VIA FIRST-CLASS MAIL
Shaquille S. Dinkins
Plaintiff pro se
DIN: 23R1394
Mid-State Correctional Facility
PO Box 2500
Marcy, New York, 13403
Shaquille S. Dinkins
Plaintiff pro se
Orleans Correctional Facility
DIN: 23R1394
3531 Gaines Basin Road
Albion, New York 14411

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