United States District Court, S.D. New York
December 3, 2004.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
We represent the Defendant Leonard Kriecas in the
above-captioned action. Under the current scheduling order, the
deadline for pretrial submissions and dispositive motions is
December 20, 2004. We anticipate making a summary judgment motion
within the prescribed time period. We are writing to request that
the time frame for filing pretrial submissions be extended until
after the summary judgment motion has been decided.
The circumstances underlying this request are as follows:
Inasmuch as the disposition of the summary judgment motion may
impact the issues to be tried, the ruling on the summary judgment
motion may also cause the parties to amend or refine their
pretrial submissions or obviate the need for pretrial
submissions. In order that the parties may frame their initial
submissions as accurately as possible and avoid burdening the
Court with multiple or amended submissions, we respectfully
request that the parties be permitted to await a decision on the
summary judgment motion prior to making their pretrial
I have conferred with my adversary and he has indicated that he
has no objection to this request. There have been no prior
requests for an extension of this particular time period.
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