Smolen v. Nevins et al

Filing 98

ORDER terminating 96 Motion to Compel; terminating 96 Motion to Stay. The Court will address the issues raised by Defendants and set a new deadline for submission of the joint pre-trial order during the conference scheduled for February 3, 2021 at 2:00 p.m. The Clerk is instructed to terminate ECF No. 96. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/29/2021) (kv)

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STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL

LITIGATION BUREAU

Writer’s Direct Dial: [phone]

The Court will address the issues raised by
Defendants and set a new deadline for
January 27, 2021of the joint pre-trial order during
submission
the conference scheduled for February 3,
2021 at 2:00 p.m. The Clerk is instructed to
terminate ECF No. 96.

BY ECF
Hon. Philip M. Halpern
United States District Court Judge
United States District Court
Southern District of New York
500 Pearl St.
New York, NY 10007
Re:

SO ORDERED.

Smolen v. Nevins, 17 Civ 7494 (PMH)

__________________________
Philip M. Halpern, U.S.D.J.

Dated: New York, NY
January 29, 2021
This Office represents defendants in the above-referenced matter. We write to respectfully
request an order staying the deadline to file a joint pre-trial order and compelling pro se plaintiff
Samuel Smolen to provide his portion of the joint pre-trial order to defendants by March 1, 2021.
We also ask that the Court instruct plaintiff that his failure to comply will result in a dismissal of
his case.
Dear Judge Halpern:

Currently, the deadline to file a joint pre-trial order is February 1, 2021. (See Minute Entry
for Dkt. No. 94). Defendants mailed their portion of the joint pre-trial order to Plaintiff on
December 31, 2020 as instructed by the Court. (See Dkt. No. 95). Since then, plaintiff has failed
to provide his portion of the joint pre-trial order and has not communicated with defendants in any
manner, including seeking an extension of time. In an effort to discuss the terms of joint pre-trial
order and to avoid judicial intervention, defendants arranged a conference call with plaintiff for
January 26, 2021, but plaintiff refused to participate in the call.
We thank the Court for its attention to this matter.
Respectfully submitted,
/s/ Amanda Yoon
Amanda Yoon
Assistant Attorney General
[e-mail]

28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
www.ag.ny.gov

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Cc:

Samuel Smolen, DIN 85-A-4082
Sullivan Correctional Facility

28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
www.ag.ny.gov