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Torres v. Zuleta

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 22, 2007

GREGORY TORRES, JR., ET AL., PLAINTIFF,
v.
MAYRA ZULETA, DEFENDANT.

The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge

MEMORANDUM AND ORDER

The Courtis in receipt of defendant's request to adjourn the November 8th arbitration hearing, which motion is joined by plaintiff. Defendants cites two reasons for the request: defendant wishes to make a dispositive motion; and discovery has not been completed. For the following reasons, the application is denied.

First, with respect to the dispositive motion, the parties were previously reminded that any such motion must comply with Judge Korman's individual rules, and defendant has not complied with those rules. More importantly, any argument that the claim is time-barred may be addressed to the arbitrator, who is well-equipped to consider that issue in rendering his award.*fn1

With respect to the issue of discovery, it suffices to say that fact discovery ended on August 31, 2007, and defendant has cited no reason for failing to have made a timely application to the Court. Nevertheless, the Court will reopen discovery until November 2, 2007, by which date all discovery must be complete.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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