Barbera v. All Season Protection Inc.

Filing 28

ORDER granting 27 Letter Motion to Adjourn Conference. Application GRANTED. The hearing scheduled for March 12, 2025, is ADJOURNED to April 30, 2025, at 3:30 p.m. The Clerk of Court is directed to terminate the pending motion at docket entry 27. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/10/2025) Show Cause Hearing set for 4/30/2025 at 03:30 PM before Judge Katherine Polk Failla. (ks)

333 EARLE OVINGTON BOULEVARD, SUITE 402
UNIONDALE, NEW YORK 11553
T: 516-203-7600
F: 516-282-7878

March 10, 2025

VIA ECF
Hon. Katherine Polk Failla, U.S.D.J.
United States District Court
Southern District of New York
40 Foley Square, Room 2103
New York, NY 10007

MEMO ENDORSED

Re: Robert Barbera v. All Season Protection Inc.,
Case No. 1:24-cv-05482-KPF

Dear Judge Failla:
We represent plaintiff Robert Barbera (“Plaintiff”) in the above captioned action. Pursuant
to Paragraphs 2(B) and 2(C) of Your Honor’s Individual Rules of Practice in Civil Cases, Plaintiff
respectfully requests a further thirty (30) day adjournment of the March 12, 2025, Default
Judgment Hearing or a date thereafter that is convenient for the Court.
In support of this Motion, Plaintiff includes the following:
(1) The Court has ordered defendant All Season Protection Inc. (“Defendant”) to show
cause at a hearing scheduled before Your Honor for March 12, 2025, at 2:15 p.m. as to
why default judgment should not be entered against Defendant (Dkt. No. 26);
(2) This is Plaintiff’s third request for an adjournment and/or extension of time and the
Court’s granted Plaintiff’s first request for an adjournment (Dkt. No. 11) via the Court’s
October 4, 2024, Order (Dkt. No. 12) as well as Plaintiff’s second request for an
adjournment (Dkt. No. 25) via the Court’s February 10, 2025, Order (Dkt. No. 26);
(3) Good cause exists for this request as the parties remain engaged in discussions as to
resolution of this matter and have made progress to that effect and the requested
adjournment will afford the parties additional time to continue to explore resolution
without further burden to the Court;
(4) As Defendant has still yet to formally appear with respect to this matter, there is no
party with which Plaintiff can inquire as to their consent to this request.

PAGE 2

The instant request is made in good faith and granting the requested adjournment will not
prejudice any party to this matter. Thank you for your consideration of this request.

Respectfully submitted,
/s/ Joshua D. Vera
Joshua D. Vera
Counsel for Plaintiff

Application GRANTED. The hearing scheduled for March 12, 2025, is
ADJOURNED to April 30, 2025, at 3:30 p.m.
The Clerk of Court is directed to terminate the pending motion at
docket entry 27.
Dated:

March 10, 2025
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE