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UTSEY v. AMERICAN BIBLE SOCIETY

United States District Court, S.D. New York


November 8, 2004.

IN RE: Tracey Utsey
v.
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 Summary Judgment.

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' assumption.

  Thank you for your attention to this matter.

  SO ORDERED.

20041108

© 1992-2004 VersusLaw Inc.



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