Vett v. City Of New York

• Court: District Court, S.D. New York
• Decided: June 13, 2023
• Docket: 1:20-cv-02945
• Status: Unknown

Opinion

ASAWw 2.607 VV VEN Te ivr wie a ee set WW hee! WY > Sa ee □□ □□□ a Zt — USDC Ae cp i Mh DOCUMENT si | ELECTRONICALLY FILE NA SP b/s or DOC #: : a Gil >)aer? 4 "ALARA | DATE FILED: ui j ag § he ‘ED Wilh, Labi). vLADAe Ciry oF New York HON. SYLVIA O. HINDS-RADIX LAW DEPARTMENT JAMES R. MURRAY Corporation Counsel 100 CHURCH STREET phone: 212-356-2372 NEW YORK, NY 10007 mobile:646-95 1-3033 email: jamurray@law.nyc. gov [> June 12, 2023

BY EMAIL Vv Honorable Colleen McMahon United States District Judge , Je Southern District of New York 500 Pear! Street i te New York, NY 10007 i tt oa LL Re: Ilya Vett v. City of N.Y. et al., 20 Civ. 2945 (CM) (SN) □ □□□ □□ Your Honor: I am an Assistant Corporation Counsel assigned to represent Defendants in the above- captioned action. The parties write jointly to propose a briefing schedule for Defendants anticipated motions for summary judgment and to preclude the testimony of Plaintiff's expert. Discovery in the matter closed on May 15, 2023 and Defendants intend to move for summary judgment and to preclude the testimony of Ofc. Peter Miscia, Plaintiff's purported firearms expert. ECF No. 65. Pursuant to Rule V(E)(3) of the Court’s Individual Practices, any party that intends to move to preclude the testimony of an expert under Federal Rules of Evidence 702-705 or the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases must do by the deadline to move for summary judgment, not in limine. Because the Court’s Individual Practices and Procedures are silent as to the deadline to move for summary judgment, Defendants’ current deadline to file their anticipated motions is June 14, 2023—30 days from the close of all discovery. Fed. R. Civ. P. 56(b). Pursuant to Rule V(F) of the Court’s Individual Practices, Plaintiff's deadline to oppose Defendants’ summary judgment and Daubert is currently June 28, 2023—14 days after Defendants’ deadline to file their motions—and Defendants’ current deadline to file their reply memoranda is July 3, 2023—five days after Plaintiff's deadline to file his opposition. The parties jointly propose the below briefing schedule to accommodate counsels’ other briefing and litigations schedules and to ensure that the parties have adequate time to brief both of Defendants’ anticipated motions. Because the parties must brief two motions simultaneously, Defendants require additional time to file their moving papers and the parties require additional time to draft their opposition and reply memoranda, respectively. Defendants also require an extension of the current briefing schedule because defense counsel must also must file two reply

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memoranda and one motion for summary judgment in the coming weeks. Plaintiff requests an extension of the current briefing schedule due to scheduled depositions, an inquest and summer vacation in the months of June, July and August. Accordingly, the parties respectfully request that the Court endorse the below briefing schedule for Defendants’ anticipated summary judgment and Daubert motions. Current Deadline Proposed Deadline Defendants’ deadline to file | June 14, 2023 July 19, 2023 their summary judgment and Daubert motions Plaintiffs deadline to oppose | June 28, 2023 August 30, 2023 Defendants’ summary judgment and Daubert motions Defendants’ deadline to file | July 3, 2023 September 20, 2023 reply memoranda

The parties thank the Court for its consideration in this matter.

Respectfully submitted, isi James R. Murray James R. Murray Assistant Corporation Counsel

c.c. Henry Bell, Esq. and Andrew Stengel, Esq. (VIA ECF), Counsel for Plaintiff