Ramos et al v. Banks et al

Filing 60

ORDER granting 57 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled for September 25, 2024 is adjourned to November 20, 2024, at 4:00 P.M. At that time, the parties shall call 888-363-4749 and enter the access code 558-3333. The deadline for the parties to file the joint letter and proposed case management plan is extended to November 13, 2024. Initial Conference set for 11/20/2024 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/24/2024) (vfr)

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

Application GRANTED. The initial pretrial conference
scheduled for September 25, 2024 ŝƐadjourned ƚŽ
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Dated: September 24, 2024
New York, New York

Ramos, et al. v. Banks, et al., 24-cv-5109 (LGS)

Your Honor:
I am an Assistant Corporation Counsel in the Office of Muriel Goode-Trufant, Acting
Corporation Counsel of the City of New York, attorney for Defendants the New York City
Department of Education (“DOE”) and DOE Chancellor David Banks in the above-referenced
action. I write to request the adjournment of the Initial Conference currently scheduled for
September 25, 2024, either sine die, pending the resolution Defendants’ upcoming motion to
dismiss, or, in the alternative, until November 20, 2024. Defendants also seek a matching extension
of the parties’ time to file a joint proposed Case Management Plan (CMP). This the second request
to adjourn the Initial Conference in this matter and Plaintiffs’ consent to this request.
Defendants are seeking the requested adjournment in light of Plaintiffs’ recent amendment
to their pleadings and the Court’s prior establishment of a briefing schedule for Defendants’
upcoming motion to dismiss (later slightly amended) during the September 3, 2024 conference
with respect to Plaintiffs’ application for preliminary injunctive relief. Defendants are still in the
process of reviewing Plaintiffs’ recently filed Amended Complaint and would appreciate some
time to review the amendment prior to negotiating a proposed discovery schedule. Moreover,
Defendants expect that the disposition of their upcoming motion will clarify substantially what (if
any) discovery will prove necessary and that the requested adjournment sine die would avoid the
potentially duplicative or altogether unnecessary use of party resources in discovery.

Alternatively, in the event the Court does not wish to adjourn the Initial Conference without
setting a new date, Defendants ask that the Court grant an adjournment until November 20, 2024,
or a date thereafter when the Court has availability. Adjourning the conference until midNovember would allow the parties and the Court to discuss a discovery schedule with the benefit
of the parties’ completed briefing on Defendants’ upcoming motion to dismiss the Amended
Complaint.
Accordingly, Defendants’ respectfully request the adjournment of the Initial Conference in
this matter either sine die pending the resolution of Defendants’ upcoming motion to dismiss or
until November 20, 2024, and a matching extension of the parties’ time to submit a joint proposed
CMP.
The parties thank the Court for its consideration of this request.
Respectfully submitted,
/s/ Daniel R. Perez
Daniel R. Perez
Assistant Corporation Counsel
cc:

All counsel of record (via ECF)

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