Bermejo Sanango v. Ruby Nails Tarrytown, Inc.

Opinion

Application granted in part. ATTO This case shall not be re-opened at this time. The deadline Tel: (718) 762-1324 for Plaintiff's response to the Court's December 2, 2022 41-25 Kissena Hf Order to Show Cause is extended to January 18, 2023. SO OBDERED. Via ECF ( ; iV MY / Philip M. Halpern, US.D.J. Philip M. Halpern nited States District Court United States District Judge Southern District of New York 300 Quarropas Street Dated: White Plains, New York White Plains, NY 10601 January 11, 2023 Re: Motion to Reconsider Dismissal and Reopen, and for Extension of Time to Show Cause Bermejo Sanago v. Ruby Nails Tarrytown, Inc., No. 20-cv-08245 (PMH), (S.D.N.Y.) Your Honor, I represent the Plaintiff in the above-referenced matter and am the attorney assigned to this matter. I write respectfully to request that the Court reconsider its dismissal of the above- referenced matter and grant a short extension of time, to January 18, 2023 (7.e., 14 days from the original deadline), to respond to the Court’s Order to Show Cause. The Court’s Order came down on December 2, 2022. However, on November 28, 2022, at about 3:10 PM, following the order of Judge Torres that I be tested having exhibited visible symptoms during trial of the matter Yuan v. Hair Lounge Inc., No. 18-cv-11905 (AT) (BCM), (S.D.N.Y.), I was diagnosed with COVID-19. See Ex. 1 (text message reporting result of antigen test). Per the CDC’s operative guidelines to isolate for five days, I began isolating on November 28, 2022. December 2, 2022 was the fifth day since my diagnosis, and I was still feeling poorly— because of this, I missed the Court’s Order to Show Cause served December 2, 2022. See Dkt. No. 99. Law office failure stemming from neglect to monitor electronic filings, that is not willful or the result of bad faith, is excusable. See, e.g., Farmer v. Cty. of Westchester, No. 18-cv-02691 (NSR), at *4 (S.D.N.Y. May 31, 2020); Evans v. New York City Health, No. 21-cv-10378 (PAE) (VF), 2022 U.S. Dist. LEXIS 213973, at *7 (S.D.N.Y. Nov. 28, 2022) (collecting cases); see also Medley v. United States, 2022 U.S. Dist. LEXIS 59367 (M.D. Ga. Mar. 31, 2022) (excusing missed deadline specifically due to lawyer contracting COVID-19). I thank the Court for its attention to and consideration of this matter. Respectfully submitted, TROY LAw, PLLC /s/ Aaron B. Schweitzer Aaron B. Schweitzer Attorney for Plaintiff