Trammo, Inc. v. Smothermon

Opinion

1140 Avenue of the Americas, 17th Floor, New York, NY □□□□□ b | Shapiro Arato Bach Lp □□□ □□ www.shapiroarato.con Daniel J. O’Neil doneill@shapiroarato.corn Direct: 212-257-4885 MEMO ENDORSED September 8, 2023 Via ECF The conference is adjourned to November 3, 2023 at 11 The Honorable Edgardo Ramos a.m. The parties are reminded to dial 877-411-9748 and United States District Judge enter access code 3029857# when prompted. SO Southern District of New York ORDERED. Thurgood Marshall United States Courthouse EO wg □□ 40 Foley Square Edgardo Ramos\U.SDJ. New York, NY 10007-1312 Dated: September 11, 2023 New York, New York Re: = Trammo, Inc. v. David Smothermon, 22 Civ. 04446 (ER) Dear Judge Ramos: We represent Defendant David Smothermon in the above-captioned action and write jointly with counsel for Plaintiff Trammo, Inc. (“Trammo”) to respectfully request an adjournment of the status conference currently scheduled for September 13, 2023. As Your Honor is aware, Trammo’s allegations in this case are related to facts alleged in a criminal case against Mr. Smothermon that is currently pending before Judge Hellerstein, United States v. Smothermon, No. 19 Cr. 382 (AKH). Prior to the Supreme Court’s decision in Ciminelli v. United States, 598 U.S. 306 (2023), this Court stayed this action because of the potential impact of Ciminelli on Mr. Smothermon’s criminal case. (ECF No. 19). After the Supreme Court decided Ciminelli in May and Judge Hellerstein set a status conference for late- July, this Court granted the parties’ request for a status conference thereafter, so that the parties here could know the likely post-Ciminelli trajectory of the criminal case in considering appropriate next steps in this action. (ECF Nos. 22, 23). However, Judge Hellerstein adjourned the previously scheduled July conference to September 27, 2023 because of ongoing discussions between the parties in the criminal case. Accordingly, the parties in this action jointly request that this Court adjourn the September 13 status conference to the last week of October 2023, approximately one month after the criminal case conference. We thank the Court for its continued consideration. Respectfully submitted, /s/ Daniel J. O’Neill Daniel J. O’Neill ce: Counsel of Record (via ECF)