Columbo v. Philips Bryant Park LLC

Opinion

GIANAKIS LAW LLC Attorney at Law James P. Gianakis Attorney ID # JG 3930 315 Madison Avenue, 3rd Floor New York, New York 10017 Telephone: 646.979.3750 Facsimile: 973.218.2401 Mobile: 908.337.4436 November 3, 2023 VIA E-FILING Honorable Ronnie Abrams, U.S.D.J. United States District Court for the Southern District of New York Daniel Patrick Moynihan U.S. Courthouse 500 Pearl Street New York, New York 10007 Re: Philip Columbo v. Philips Bryant Park LLC, et al. Civil Action No. 1:22-cv-00775-RA Dear Judge Abrams: As the Court is aware, this office represents Plaintiff, Philip Columbo, in the above- referenced matter. I am in receipt of the Court’s Order dated October 30, 2023, which in part affords Plaintiff the opportunity to submit additional support for its opposition to Defendants’ collective Partial Motion to Dismiss and the oral argument that took place on October 30, 2023. I fully appreciate the Court’s allowance for this opportunity and respectfully request that Plaintiff be afforded a limited amount of additional time for that submission from the current deadline of November 6, 2023 to November 10, 2023. The Court’s Order also requested that the parties confer regarding a possible referral of this matter to mediation and submit a joint letter to the Court by November 6, 2023. I have shared Plaintiff’s position on that issue with counsel for Defendants, and as soon as I receive their response, I can draft that joint letter for submission to the Court. Thank you for the Court’s continuing consideration in this matter. Respectfully submitted, s / James P. Gianakis James P. Gianakis cc: Dianna D. McCarthy, Esq. (via e-filing) Kenneth Abeyratne, Esq. (via e-filing) Robert A. Wiesen, Esq. (via e-filing) Arthur J. Robb, Esq. (via e-filing)

Application granted as to Plaintiff's request for additional time to file his letter. To be clear, to the extent that Plaintiff makes new arguments that he had not made previously, the Court does not intend to consider them. See Wells Fargo Bank N.A. v. Wrights Mill Holdings, LLC, 127 F. Supp. 3d 156, 164 n.5 (S.D.N.Y. 2015). Defendants may reply to Plaintiff's submission no later than November 17, 2023.

SO ORDERED.

Hon. Ronnie Abrams November 3, 2023