Allstate Insurance Company et al v. Spina II, D.C. et al

Filing 228

ORDER granting 227 JOINT LETTER MOTION to Stay Discovery. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/8/2021) (jca)

Case 7:20-cv-01959-KMK-JCM

Document 227 Filed 01/08/21 Page 1 of 1

Case 7:20-cv-01959-KMK-JCM Document 228 Filed 01/08/21 Page 1 of 1
HUGH C.M. BRADY, ESQ.
ADMIITED IN MASSACHUSEITS, NEW YORK
DISTRICT OF MASSACHUSEITS
& SOUTHERN DISTRICT OF NEW YORK
(PRO HAC VICE)
[e-mail]

NEWYORK

SMITH & BRINK, P.C.
A ITORNEYS AT LAW

A PROFESSIONAL CORPORATION
WWW.SMITHBRINK.COM

1325 Franklin Avenue, Suite 320
Garden City, NY 11530
TEL: [phone]
FAX: [phone]

MEMO ENDORSED

January 8, 2021
VIAECFONLY
The Honorable Kenneth M. Karas
United States Courthouse
300 Quarropas St.
White Plains, NY 10601-4150
Re:

Allstate Ins. Co. et al. v. Spina et al., C.A. No. 7:20-cv-01959
Joint Letter Motion for a Stay of Discovery

Dear Judge Karas,
Smith & Brink, P.C. represents Allstate in the above-captioned litigation. Harfenist, Kraut &
Perlstein, LLP represent Defendant, James A. Spina, II, D.C. Please accept this correspondence as the
parties request to stay discovery in the above captioned civil matter pending the criminal sentencing of
defendant, James Spina. The current deadline for fact discovery is March 31, 2021, and this is the
parties' first request for a stay of discovery.
As reported to Magistrate Judge Judith McCarthy on December 23, 2020, all other parties to
this litigation have agreed to terms of settlement, are negotiating settlement paperwork and are working
to finalize stipulations of dismissal in this case. The remaining issues in this matter, center around
James Spina, who awaits criminal sentencing from this Honorable Court. The parties have engaged in
meaningful settlement discussions and believe that resolution of the civil matter against James Spina
will be assisted by his criminal sentencing and potential award of restitution to his victims.
For these reasons, the parties respectfully request that this Honorable Court stay discovery in
this matter pending James Spina's criminal sentencing. Thank you for your time and attention to this
matter.
Respectfully Submitted,

Isl Hugh C.M Brady, Esq.

Isl Steven Harfenist, Esq.

Hugh C.M. Brady, Esq.
Smith & Brink, P.C.
1325 Franklin Ave. Suite 320
Garden City, NY 11530
(34 7)710-0050
[e-mail]

Steven Harfenist, Esq.
Harfenist, Kraut & Perlstein, LLP
3000 Marcus Avenue, Suite 2E 1
Lake Success, NY 11042
[phone]
[e-mail]

Granted.

CC: All Courrn~l via BC~
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