Sanft v. Jewelry Designer Showcase, Inc.

• Court: District Court, S.D. New York
• Decided: November 13, 2024
• Docket: 1:24-cv-04264
• Status: Unknown

Opinion

EMPIRE Se ordered. LAW GROUP _ cus iD h Cea even Date: November 12, 2024 tS el ed of □ VIA FAX (212-805-7942) “~ J ow CA € Honorable Judge Alvin K. Hellerstein r of. = United States District Court Southern District of New York F's % ¥ ) 0 Room 1050 500 Pearl Street New York, New York 10007 [Li & Wil - Re: Request for Adjournment of Scheduling Conference Case: Sanft et al v. Jewelry Designer Showcase, Inc. et al. Case No.: 1:24-cv-04264-AKH UINS/eery Scheduled Conference Date: November 15, 2024

Dear Judge Hellerstein, ~~~ My name is Mare G. Gross; Esq.and I represent the Plaintiffs in the above matter. I respectfully submit this letter to request an adjournment of the scheduling conference currently set for November 15, 2024. This is the second request for an adjournment of this conference. 1. Original Date: November 15, 2024 2. Number of Previous Requests: Second Request 3. Previous Requests Status: First Request Granted 4. Adversary’s Consent: Counsel for Defendant JDS, Steven Miller, consents to this request. 5. Reason for Adjournment: As the Court is aware, one of the Defendants, Arthur D'Annunzio, passed away. During our last call, the Court adjourned the conference to await the appointment of an administrator of Mr. D'Annunzio’s estate by the Richmond County Surrogate’s Court. This appointment is necessary for us to proceed with filing a Rule 25(a) substitution and to discuss scheduling. However, the Surrogate’s Court has still not yet appointed an administrator. The Probate Court File Number is 2024-1005, On September 6, 2024, the Surrogate Court Clerk requested additional information from the attorneys handling the probate. This information was submitted on September 20, 2024, but we have not received any further updates regarding the appointment of an administrator.

Empire Law Group www, empire-lawgroup,com 315 Madison Avenue, 4" Floor tek 212.548.6587 New Yark, NY 10017 fax: 212.320.0415

Lavy MU November 12, 2024 Page - 2

Until the administrator is appointed, we cannot proceed with scheduling as all parties need to be present. As the Court is aware, a Suggestion of Death was filed with this Court on August 8, 2024. However, that Suggestion of Death did not “invoke the 90-day time limit because it did not identify the representative or successor who may be substituted as a party.” (see Gronowicz v. Leonard, 109 F.R.D. 624, 627 (S.D.N.Y 1986).

6. Modified Schedule: I defer to the Court to select a new conference date, as it is unclear how ....... long the Surrogate’s Court will take to appoint an administrator. The parties suggest that we reschedule the meeting for mid-January 2025. Lastly, that since defendant Jewelry Designer Showcase Inc's counsel resides in St Johns county Florida, and he has personal family issues that compel him to make care arrangements at home if he needs to travel, he therefore requests that the rescheduled conference be via teleconference as

Thank you for your consideration of this request. Respectfully submitted, Warr freee ce vue... -Mare G. Gross, Esq. □□ cee □ □□ Attorney for Plaintiffs Empire Law Group 315 Madison Avenue 3° Floor, # 3093 New York, NY 10017 Main: 212-548-6587 Mobile: 917-902-8912 Fax: 212-320-0415

cc: Steven Miller, Esq. (Counsel for Defendant FDS)

Empire Law Group www. empire-laworoup,.com 315 Madison Avenue, 4" Floor tel: 212.548.6587 New York, NY 10017 fax: 212.320.0415