Thompson v. Booth et al

Filing 145

ORDER granting in part and denying in part 143 Letter Motion to Adjourn Conference. Defendants' summary judgment motion is due 6/15/20. While the pandemic is disrupting the normal routine of work, it is likely to continue to do so for the fo reseeable future. Two months is adequate time to prepare the motion in this four-year-old case. Plaintiff's response is due 7/15/20. Defense reply is due 7/29/20. Defendants are to mail this endorsement to Plaintiff and confirm they did so by 4/22/20. (Signed by Judge Kenneth M. Karas on 4/15/20) (yv)

Case 7:16-cv-03477-KMK-PED Document 143 Filed 04/15/20 Page 1 of 1

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES
ATTORNEY GENERAL

DIVISION OF REGIONAL OFFICES
WESTCHESTER REGIONAL OFFICE

April 15, 2020
United States District Court
Southern District of New York
300 Quarropas Street
White Plains, NY 10601
Attn:

Hon. J. Kenneth M. Karas

Re:

Thompson v. Booth et al., 16-CV-3477 (KMK)

Dear Hon. J. Karas:
In this matter, this Office represents Defendants Salerno, Garnot, Jordan, Vigna. Plaintiff
in this case is represented for discovery only by the law firm of Cozen O’Connor. This action is
a 42 U.S.C. § 1983 action where Plaintiff alleges that on 1/13/2014 at Fishkill Correctional
Facility he was allegedly a victim of an excessive use of force while he was having a seizure.
Discovery has concluded in this matter and the Court has granted Defendants’ motion to
withdraw as counsel for Def. Booth. Defendants would like to move for summary judgment on
this matter, but currently need additional time to prepare the pre-motion letter and ultimately to
prepare the motion to dismiss. Defendants request an adjournment to July 17th to prepare the
pre-motion letter. The time is needed because our office was closed and now is open for a
limited purpose. I cannot access the multiple rewelds which include the exhibits and transcripts
relevant to the motion. Our administrative staff is home and the 1 person in the office for a few
hours per week has other priorities and cannot scan the entire file to me. Discovery counsel for
plaintiff consent to this request.

Respectfully,

Janice L. Powers, AAG

Defendants’ summary judgment motion is due 6/15/20. While the
pandemic is disrupting the normal routine of work, it is likely to
continue to do so for the foreseeable future. Two months is
adequate time to prepare the motion in this four-year-old case.
Plaintiff’s response is due 7/15/20. Defense reply is due 7/29/20.
Defendants are to mail this endorsement to Plaintiff and confirm
they did so by 4/22/20.
4/15/20

44 S OUTH BROADWAY, WHITE P LAINS, NY 10601 ● OFFICE: [phone] ● F AX [phone] ● AG.NY.GOV