Rivera v. Pratt (Quality Carton), LLC

Filing 79

ORDER granting 78 Letter Motion to Stay. The Court GRANTS the Plaintiff's request to stay the briefing schedule related to Defendant's anticipated motion for summary judgment that the Court previously set on November 22, 2024. The Court vacates its previous order setting a briefing schedule. Upon completion of all relevant discovery, either party may seek leave of the Court to set a new briefing schedule. The Clerk of Court is kindly directed to terminate the motion at ECF No. 78. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/26/2024) (mml)

Case 7:23-cv-08018-NSR-VR

Document 78

Filed 11/25/24

Page 1 of 2

NISAR LAW GROUP, P.C.
One Grand Central Place
60 East 42nd Street, Suite 4600
New York, NY 10165

Casey J. Wolnowski, Senior Managing Counsel
Email: [e-mail]
Phone: [phone]
Fax: [phone]

Via ECF
Hon. Nelson S. Román, U.S.D.J.
U.S. District Cout, S.D.N.Y.
300 Quarropas Street
White Plains, NY 10601
Re:

November 25, 2024

Rivera v. Pratt (Quality Carton), LLC
Case Number: 7:23-cv-08018

11/26/2024

Motion Seeking to Stay the Summary Judgment Briefing Schedule Entered on 11/22/2024
Your Honor,
This letter is filed on behalf of the plaintiff Robin Rivera (“Plaintiff”) and in light of the
summary judgment motion briefing schedule entered by the Court on 11/22/2024, at Dkt. No. 77.
Plaintiff seeks to stay this order in light of the deposition of a non-party witness which hasn’t yet
been completed and which the parties don’t anticipate will be able to be taken by 1/6/2025 (the
deadline for Defendant to file its summary judgment motion). Plaintiff’s counsel has conferred
with counsel for Defendant (Ms. Zucco) who does not object to this request.
By way of background, on 7/17/2024, the Court entered an order for the completion of
discovery by 10/18/2024. Dkt. No. 56. On 10/22/2024, Plaintiff sought leave to recall two fact
witnesses for continued depositions, Dkt. No. 59, an application which was granted by the Court
(Reznik, J.). 10/31/2024 Minute Entry.
As mentioned in the joint status letter filed 11/15/2024, the follow-up deposition of one
of these two witnesses (Amanda Fowler) was completed on 11/12/2024. The other deposition,
however, has not yet taken place due to the unavailability of the other witness (a person named
Dan Baratta), for the reasons outlined in the document filed under seal and then re-filed with
redactions on 11/13/2024. Dkt. No. 70. Notably, the Court (Reznik, J.) issued an order permitting
the deposition of Baratta to take place after the conference scheduled for 11/21/2024 (which was
ultimately adjourned sine die, Dkt. No. 72). On 11/22/2024, the Court entered a briefing
schedule for summary judgment motion practice. Dkt. No. 77.
On Friday, 11/22/2024 and Monday, 11/25/2024, the parties’ attorneys conferred. In
brief, Plaintiff’s counsel inquired of Defendant’s counsel if Baratta were able to be produced for
his recalled deposition prior to 1/6/2025 (the deadline for Defendant to file its motion), to which
Ms. Zucco could not guarantee due to the fact that Baratta still does not have a return-to-work
date.

Case 7:23-cv-08018-NSR-VR

Document 78

Filed 11/25/24

Page 2 of 2

Based on the foregoing, Plaintiff respectfully seeks for the Court stay its order relating to
a summary judgment motion briefing schedule until Baratta’s recalled deposition can be
completed, which will then conclude all discovery.
Plaintiff and counsel thank the Court for its attention to this letter.
Respectfully submitted,

_______________________
Casey Wolnowski, Esq.
Attorney for Plaintiff
cc:

Defendant’s counsel (via ECF)

The Court GRANTS the Plaintiff’s request to stay the briefing schedule
related to Defendant’s anticipated motion for summary judgment that the
Court previously set on November 22, 2024. The Court vacates its previous
order setting a briefing schedule. Upon completion of all relevant discovery,
either party may seek leave of the Court to set a new briefing schedule. The
Clerk of Court is kindly directed to terminate the motion at ECF No. 78.
Dated: November 26, 2024
White Plains, NY

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