Hicks v. Encarnacion et al

Filing 48

ORDER granting 46 Letter Motion for Extension of Time to File. Plaintiff shall deliver compliant HIPAA authorizations for the doctor and hospital no later than 9/12/24, or he may be precluded from seeking damages for physical injury. If Plai ntiff has misplaced the authorization forms, he should call Mr. Svensson right away to get new copies. Motion for summary judgment to be filed no later than 10/30/24. Plaintiff's opposition to be filed no later than 1/13/24. Defendant' ;s reply due 10 days after Plaintiff's opposition is filed. Defendant is reminded to comply in full with Local Rule 56.2. The Clerk of Court is respectfully directed to terminate ECF No. 46. (Signed by Judge Cathy Seibel on 8/29/2024) (tro)

Case 7:23-cv-01839-CS

Document 46

Filed 08/27/24

Page 1 of 2

HODGES WALSH & BURKE, LLP
ATTORNEYS AT LAW
55 CHURCH STREET, SUITE 211
WHITE PLAINS, NEW YORK 10601
____
[phone]
FAX [phone]

www.hwb-lawfirm.com

Paul E. Svensson, Esq.
Direct E-Mail: [e-mail]

August 27, 2024
Via ECF
Honorable Cathy Seibel
United States District Judge
Southern District of New York
Federal Building and United States Courthouse
300 Quarropas Street
White Plains, New York 10601-4150

Plaintiff shall deliver compliant HIPAA authorizations for
the doctor and hospital no later than 9/12/24, or he may be
precluded from seeking damages for physical injury. If
Plaintiff has misplaced the authorization forms, he should
call Mr. Svensson right away to get new copies.
Motion for summary judgment to be filed no later than
10/30/24. Plaintiff's opposition to be filed no later than
1/13/24. Defendant's reply due 10 days after Plaintiff's
opposition is filed. Defendant is reminded to comply in full
with Local Rule 56.2.
The Clerk of Court is respectfully directed to terminate ECF
No. 46.

8/29/24

Re:

Hicks v. Encarnacion, et al.
23 CIV 1839 (CS)
REQUEST FOR EXTENSION OF TIME TO
FILE MOTION FOR SUMMARY JUDGEMENT

Your Honor:
Our Office represents the Defendants in this Matter. We write to request an extension of
time to file a motion for summary judgment, until OCTOBER 30, 2024. The Court had previously
scheduled a motion to be submitted on September 4, 2024.
As the Court knows it was recently determined that the disciplinary files of defendant
Encarnacion were not relevant to this action. However, the Plaintiff has still not delivered
compliant HIPAA authorizations for the hospital and Dr. Dynoff which, upon delivery, will take
a minimum of 4 weeks to process. We have written him again as to the outstanding request,
annexed hereto as EXHIBIT A.
Furthermore, while Plaintiff will claim that his criminal charges have been resolved in his
favor; it will take a minimum of 3 weeks to obtain a certified disposition from the Town Court.
Obviously, both of these discovery matters will impact the Court’s determination of the
motion.

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Case 7:23-cv-01839-CS

Document 46

Filed 08/27/24

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HODGES WALSH & BURKE, LLP

As such, it is respectfully requested that the Court revise the schedule for submission of
the motion papers until OCTOBER 30, 2024.
Thank you for your consideration.
Respectfully,

Paul E. Svensson
Paul E. Svensson
Cc:

Darnell R. Hicks
901 Main Street, Apt. 6C
Peekskill, NY 10566
Via USPS and email: [e-mail]

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Case 7:23-cv-01839-CS

Document 46-1

Filed 08/27/24

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