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Trustees of the Local 522 Welfare Fund of New York and New Jersey v.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 12, 2010

TRUSTEES OF THE LOCAL 522 WELFARE FUND OF NEW YORK AND NEW JERSEY, PLAINTIFF,
v.
FLEXWRAP CORP., DEFENDANT.

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

MEMORANDUM AND ORDER

The Court is in receipt of defense counsel's request for an extension of time to file the joint pretrial order ("JPTO"), defendant's portion of which was originally due on September 17, 2010, see Minute Order (Aug. 5, 2010) ECF Docket Entry ("D.E.") #36; in response to a letter from plaintiff's counsel advising that the defense had ignored that deadline, the Court gave defendant until October 8, 2010, to serve its portion of the JPTO on plaintiff. See Endorsed Order (Oct. 5, 2010) ("10/5/10 Order"), D.E. #38. Rather than comply with that order, defense counsel waited until just before the close of business prior to a holiday weekend before seeking an extension of that deadline until October 15, 2010. See Letter to the Court from Thomas J. Fellig (Oct. 8, 2010) ("Def. Letter"), D.E. #41.*fn1

Defense counsel's request for yet another extension is denied without prejudice, as no showing of good cause has been made. In fact, as noted in the Court's recent endorsed order, this case has been characterized by "a series of derelictions on the part of defendant and defense counsel." 10/5/10 Order.

Any request by defense counsel to be relieved must be filed by tomorrow at noon, and must be supported by a sworn statement of counsel.

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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