Hunt v. Alamo

Opinion

= Wee Kos eel ETZ VOLYNSKY LLP November 13, 2023 Via ECF Hon. Paul A. Engelmayer, U.S.D.J. United States District Court Southern District of New York 40 Foley Square, Room 2201 New York, New York 10007 Re: William Hunt v. Michael J. Alamo, et al, ~ Case No, 1:23-CV-09151-PAE Dear Judge Engelmayer, The undersigned represents Defendants Michael J. Alamo and Alamo Management, LLC (collectively, “Defendants”) in the above-referenced action. Earlier today, Defendants filed a motion to dismiss (the “Motion”)} the Verified Complaint (the “Complaint”), in its entirety. The Complaint asserts three separate causes of action based on purported violations of the Securities Act of 1933 and the Securities Exchange Act of 1934.! Pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”), 15 U.S.C. § 78u-4(b)(3)(b), there is an automatic stay of discovery during the pendency of the Motion. A/timeo Asset Mgmt. v. Qihoo 360 Tech. Co., No. 19-CV-10067-PAE, 2022 U.S. Dist. LEXIS 94197, at *3 (S.D.N.Y. May 25, 2022) (“The PSLRA provides that ‘all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.’”) In light of the foregoing, Defendants respectfully request that the Initial Pretrial Conference presently scheduled for November 21, 2023 should be adjourned, pending the Court’s determination of the Motion. We thank the Court for its time and consideration, Respectfully submitted, /8/ Robert Volynsky Robert B. Volynsky DENIED WITHOUT PREJUDICE, Per the Court’s Individual Rules, requests for an adjournment must include whether opposing counsel consents, and, if not, the reasons given for refusing consent. The present letter-motion does not reveal whether defendants’ counsel sought plaintiff's counsel’s consent, Defendants’ counsel is free to file a new letter-motion for adjournment upon receiving a response from plaintiffs’ counsel. : So [HANS Dated: November 13, 2023 PAUL A. ENGELMAYER New York, New York United States District Judge 1OLD COUNTRY ROAD, SUITE 275 | CARLE PLACE, NEW YORK 11614 T: (212) 209-3171