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)

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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) HBRADY@SMITHBRINK.COM 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: 347-710-0050 FAX: 347-710-0055 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 Steven Harfenist, Esq. Harfenist, Kraut & Perlstein, LLP 3000 Marcus Avenue, Suite 2E 1 Lake Success, NY 11042 (516) 355-9612 Granted. CC: All Courrn~l via BC~ 1

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