Carzoglio v. Abrams et al

Filing 95

ORDER granting 94 LETTER MOTION for Extension of Time to File Plaintiff's Opposition to Defendant's 56.1 Statement and Attendant Dates. Application granted. Plaintiff shall file his opposition to Defendant's 56.1 Statement in acc ordance with the Court's Individual Practice Rule 4.E. by December 7, 2021. The summary judgment briefing schedule set forth in the Court's October 25, 2021 Order (Doc. 93) is adjourned to the following dates: Defendant shall file his notice of motion and opening brief by December 17, 2021; Plaintiff shall file his opposition brief by January 17, 2022; Defendant shall file his reply brief by January 31, 2022. Defendant is directed to serve a copy of this Order on Plaintiff and file proof of service on the docket. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 94. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/23/2021) (jca)

Case 7-18-cv-04198-PMH

Application granted. Plaintiff shall file his opposition to Defendant's 56.1

Document 94 Filed in NYSD with 11/22/2021 Page 1 of 2Rule 4.E.
Statement in accordance on the Court's Individual Practice
by December 7, 2021.

The summary judgment briefing schedule set forth in the Court's
October 25, 2021 Order (Doc. 93) is adjourned to the following dates:
Defendant shall file his notice of motion and opening brief by December
17, 2021; Plaintiff shall file his opposition brief by January 17, 2022;
Defendant shall file his reply brief by January 31, 2022.
George Latimer
County Executive

Defendant is directed to serve a copy of this Order on Plaintiff and file
proof of service on the docket.

Department of Law
John M. Nonna
County Attorney

The Clerk of the Court is respectfully directed to terminate the motion
sequence pending at Doc. 94.

VIA CM/ECF

SO ORDERED.

November 22, 2021

Honorable Philip M. Halpern
United States District Judge
Southern District of New York
United States Courthouse
500 Pearl Street, Room 1950
New York, NY 10007
Re:

_______________________
Philip M. Halpern
United States District Judge
Dated: White Plains, New York
November 23, 2021

Letter Motion for Extension of Time for Plaintiff’s Opposition to
Defendant’s 56.1 Statement and Attendant Dates
Carzoglio v. Abrams, No. 18-cv-4198 (PMH) (S.D.N.Y.)

Your Honor,
On October 25, 2021, this Honorable Court issued a memorandum endorsement
(“Memorandum Endorsement”) that (i) directed plaintiff Angelo Carzoglio to file his opposition
to Defendant’s 56.1 Statement by November 12, 2021; (ii) directed the sole remaining defendant,
former Westchester County Department of Correction captain Thomas Abrams (“Defendant”),
to file his notice of motion and opening brief by today, November 22, 2021; (iii) directed
Defendant to serve a copy of the Memorandum Endorsement on Plaintiff; and (iv) directed
Defendant to file proof of such service to the docket. (Memorandum Opinion, CM/ECF No. 93.)
This afternoon, while finalizing Defendant’s motion papers—and while operating under
the impression that Plaintiff had simply failed to oppose Defendant’s 56.1 Statement—I realized
that I neglected to serve Plaintiff with a copy of the Memorandum Endorsement. I apologize for
the oversight. A copy of the Memorandum Endorsement is enclosed with the copy of this letter

Michaelian Office Building
148 Martine Avenue, 6th Floor
White Plains, New York 10601

Telephone: [phone]

Fax: [phone]

Case 7-18-cv-04198-PMH

Document 94

Filed in NYSD on 11/22/2021

Page 2 of 2

that I’m now serving upon Plaintiff, but does not correct the error; Plaintiff’s time to oppose has
already expired.
Defendant hereby requests an extension of time for Plaintiff to oppose Defendant’s 56.1
Statement and a concomitant extension of the court-ordered briefing schedule. Upon receipt
through CM/ECF of a Memorandum Endorsement on this application, I will forward a copy to
Plaintiff immediately.
Respectfully submitted,
JOHN M. NONNA
Westchester County Attorney
Attorney for Defendant Abrams
By: /s/ Sean T. Carey
Sean T. Carey (SC8804)
Sr. Assistant County Attorney, of Counsel
Michaelian Office Building
148 Martine Avenue, Room 600
White Plains, NY 10601
STC/
CC:

Angelo A. Carzoglio (via Regular Mail)
DIN No. 18-A-0399
Attica Correctional Facility
639 Exchange Street
Box 149
Attica, New York 14011-0149

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