United States District Court, S.D. New York
November 8, 2004.
IN RE: Tracey Utsey
American Bible Society and Thomas Durakis.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Dear Judge Kaplan:
We represent Defendants American Bible Society ("ABS") and
Thomas Durakis in the above-referenced matter. By Order dated
October 28, 2004, Your Honor directed Plaintiff to appear for the
continuation of her deposition on November 15, 2004, and set the
deadline for the submission of the Parties' Pretrial Order for
December 3, 2004. On November 3, 2004, Defendants filed a Motion
to Enforce Settlement seeking the enforcement of the Parties'
March 10, 2004 settlement agreement. Assuming Your Honor denies
Defendants' Motion, we are writing to seek clarification
regarding the deadline for Defendants to file their Motion for
Beginning with the Parties' Consent Scheduling Order dated
September 24, 2003, Your Honor has issued four different
scheduling orders in this case. In each Order, Your Honor has set
the deadline to file dispositive motions as the same day the
Parties were required to file their Joint Pretrial Order and
related pretrial papers. In the October 28, 2004 Order there is
no deadline for dispositive motions. Based on the Court's prior
rulings, Defendants assume that motions for summary judgment are
due on December 3, 2004. Defendants, however, request that the
Court clarify the discrepancy and confirm or deny Defendants'
Thank you for your attention to this matter.
© 1992-2004 VersusLaw Inc.