International Business Machines Corporation v. Kede de Freitas Lima

Filing 106

ORDER granting 104 Letter Motion to Adjourn Conference: Application granted. The initial conference is adjourned to 10/28/2020 at 10:30 a.m. The proposed civil case discovery plan and scheduling order is due, pursuant to my rules, at least one wee k before the date of the conference. The parties are permitted to seek discovery prior to the date of the initial conference. (Initial Conference set for 10/28/2020 at 10:30 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 10/16/2020) (jwh)

Case 7-20-cv-04573-PMH

Document 104

Filed in NYSD on 10/14/2020

Application granted. The initial conference is adjourned to
10/28/2020 at 10:30 a.m. The proposed civil case discovery plan
and scheduling order is due, pursuant to my rules, at least one
week before the date of the conference. The parties are
permitted to seek discovery prior to the date of the initial
conference.
SO ORDERED.

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Orrick, Herrington & Sutcliffe LLP

51 West 52nd Street
New York, NY 10019-6142
[phone]
orrick.com

_______________________
Philip M. Halpern
United States District Judge

James H. McQuade

Dated: New York, New York
OctoberOctober 16, 2020
14, 2020

E [e-mail]
D [phone]
F [phone]

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

International Business Machines v. Rodrigo Kede De Freitas Lima
Case No. 7:20-cv-04573(PMH)(PED)

Dear Judge Halpern:
We represent Defendant Rodrigo Lima in the above-referenced action. We write to respectfully
request an adjournment of: (1) the Initial Conference from October 21, 2020 at 3:30 pm to another
day in the week of October 26 – 30, 2020; and (2) the date for submitting the parties’ proposed civil
case discovery plan and scheduling order (the “Plan”) from October 14, 2020 to October 23, 2020.
The parties are scheduled to participate in a mandatory mediation with the United States Court of
Appeals for the Second Circuit, Civil Appeals Mediation Program on October 20, 2020, and we believe
that filing the Plan after the completion of the mediation will enable the parties to (i) make any postmediation adjustment to the Plan in the event the mediation is unsuccessful, and (ii) hold the Initial
Conference after the filing of the Plan. There have been no previous requests for an adjournment.
Counsel for Plaintiff IBM has advised us that IBM does not consent to this request.
Respectfully,
/s/ James McQuade
James H. McQuade

4145-9130-1928.1