Rivera v. Lettire Construction Corp. et al, No. 1:2021cv06006 - Document 124 (S.D.N.Y. 2022)

Court Description: ORDER granting 117 Letter Motion to Stay re: 117 LETTER MOTION to Stay Re: Temporary Stay of Deposition of non-party witness Guillermo Sanchez Melgarejo addressed to Judge Katherine Polk Failla from Holly Ostrov Ronai dated Augu st 17, 2022., 118 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine Polk Failla from Louise M. Cherkis dated August 17, 2022. ; granting 118 Letter Motion for Extension of Time to File Respons e/Reply re 117 LETTER MOTION to Stay Re: Temporary Stay of Deposition of non-party witness Guillermo Sanchez Melgarejo addressed to Judge Katherine Polk Failla from Holly Ostrov Ronai dated August 17, 2022., 118 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine Polk Failla from Louise M. Cherkis dated August 17, 2022. The Court is in receipt of various letters from the parties regarding Plaintiff's objections to Magis trate Judge Parker's Opinion and Order regarding Plaintiff's request for a protective order. (Dkt. #117-123). The Court GRANTS Defendants' and Mr. Melgarejo's request to file briefs of similar length or shorter (i.e. 17 pages) in response to Plaintiff's memorandum of law (Dkt. #116). Defendants and Mr. Melgarejo shall submit these briefs by September 30, 2022. At that time, the Court will consider briefing on this issue complete, and will endeavor to promptly decide the issue. Mr. Melgarejo's deposition shall be stayed until the Court issues its order and opinion. Within one week of the issuance of the order and opinion, the parties are hereby ORDERED to meet and confer and schedule Mr. Melgarejo's deposit ion. The Clerk of Court is directed to terminate the pending motions at docket entries 117 and 118. The Court wishes Mr. Ronai and his family the best during this difficult time. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/26/2022) (jca)

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Rivera v. Lettire Construction Corp. et al Doc. 124 750 Third Avenue 25th Floor New York, NY 10017 Billy H. Kim d 646.454.3276 billy.kim@ropers.com o 212.668.5927 f 212.668.5929 ropers.com August 26, 2022 Via ECF Brian Beaton Law Clerk to the Hon. Katherine Polk Failla United States District Court Southern District of New York Re: MEMO ENDORSED Ramon De Gabriel Rivera v. Lettire Construction Corp., et al. Case No. 1:21-cv-06006-AJN Dear Mr. Beaton: This office represents defendants Lettire Construction Corp., Mott Center LLC, Redfern FRP, LLC, Phipps Houses, Rockaway Village III Housing Development Fund Corporation, FRV Phase 3 LIHTC LLC and Mooregroup Corporation in the above referenced matter. We submit this letter in response to plaintiff's counsel's letter request (Docket entry 121) and your correspondence dated August 25, 2022 regarding Magistrate Judge Parker's orders (Docket entries 111 and 113). With regard to the submission of our brief in response to plaintiff's letter motion (Docket entries 115-120), we concur with counsel for non-party witness Guillermo Sanchez Melgarejo and request an extension of time to respond to said letter motion by September 30, 2022. We also are in agreement to adjourn the deposition of Mr. Melgarejo only until the aforementioned motion has been decided. If Mr. Ronai is unable to conduct the deposition at that time, we do not see why John Della Jacono, who has handled all seven of the depositions conducted in this case thus far, would not be able to conduct the deposition of Mr. Melgarejo. Mr. Melgarejo is the sole eye witness to the underlying accident and his deposition is crucial in determining outstanding liability issues and the ultimate resolution of this case. Therefore, we respectfully request that the stay of his deposition be limited. Thank you for your consideration and attention to this matter. Respectfully submitted, Ropers Majeski PC Billy H. Kim cc: RONAI & RONAI, L.L.P. Attorneys for Plaintiff 34 Adee Street 4861-2116-1264.1 Dockets.Justia.com Port Chester, New York 10573 (914) 824-4777 SMITH MAZURE P.C. 200 Old Country Road, Suite 590 Mineola, New York 11501 (516) 414-7400 The Court is in receipt of various letters from the parties regarding Plaintiff's objections to Magistrate Judge Parker's Opinion and Order regarding Plaintiff's request for a protective order. (Dkt. #117-123). The Court GRANTS Defendants' and Mr. Melgarejo's request to file briefs of similar length or shorter (i.e. 17 pages) in response to Plaintiff's memorandum of law (Dkt. #116). Defendants and Mr. Melgarejo shall submit these briefs by September 30, 2022. At that time, the Court will consider briefing on this issue complete, and will endeavor to promptly decide the issue. Mr. Melgarejo's deposition shall be stayed until the Court issues its order and opinion. Within one week of the issuance of the order and opinion, the parties are hereby ORDERED to meet and confer and schedule Mr. Melgarejo's deposition. The Clerk of Court is directed to terminate the pending motions at docket entries 117 and 118. The Court wishes Mr. Ronai and his family the best during this difficult time. Dated: August 26, 2022 New York, New York SO ORDERED. HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE 2 4861-2116-1264.1

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