riconda vs sherman extension

F A C S I M I L E

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KELLEY DRY E & W ARREN L L P A LI MIT E D LIA BI LIT Y P ART NER SHI P

101 PARK AVENUE

NEW YORK, NEW YORK 10178

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W A S H I N G T O N , D C

C H I C A G O , I L

S T A M F O R D , C T

P A R S I P P A N Y , N J

B R U S S E L S , B E L G I U M

A F F I L I A T E O F F I C E S

M U M B A I , I N D I A

J O S H U A A . B E R M A N

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E M A I L : j b e r m a n @ k e l l e y d r y e . c o m

September 8, 2011

VIA ECF

Honorable Joanna Seybert United States District Judge U.S. District Court for the Eastern District of New York 100 Federal Plaza Central Islip, New York 11722

Re: John R. Riconda v. Marc Sherman et al., Civil Action No. 11-CV-01556 (E.D.N.Y.) (Seybert, J.)

Dear Judge Seybert:

This firm represents Plaintiff John R. Riconda (“Plaintiff” or “Riconda”) in the above-referenced action. We respectfully write – jointly with counsel for the Defendants – to request an additional 30-day extension to respond to Defendants’ Motions to Dismiss and Motion for Transfer of Venue.

If granted, the revised scheduling would be as follows:

• Plaintiff’s deadline to submit opposition papers – October 12, 2011

• Defendants’ deadline to submit reply papers – October 26, 2011

The parties are jointly requesting the present extensions because they are engaged in aggressive, good faith settlement negotiations and believe they will shortly be able to notify the Court of a concluded settlement agreement.

This is our fourth request for an extension on the briefing deadlines for the motions. The oppositions to the motions were initially due April 21, 2011. On April 14, 2011, the parties requested a 30-day extension to submit opposition papers and a 14-day extension to submit reply papers. On May 13, 2011, the parties requested a 60-day extension to submit opposition papers and a 14-day extension to submit reply papers. On July 13, 2011, the parties

Case 2:11-cv-01556-JS-ETB Document 22 Filed 09/08/11 of 2 PageID #: 372

Honorable Joanna Seybert September 8, 2011 Page Two

K E L L E Y D R Y E & W AR R E N LLP

requested a 30-day extension to submit opposition papers and a 14-day extension to submit reply papers. On August 9, 2011, the parties requested a 30-day extension to submit opposition papers and a 14-day extension to submit reply papers. All extensions were granted by the Court.

The revised deadlines proposed above (and memorialized in the accompanying stipulation) will prejudice neither party. They also will not cause undue delay; pursuant to Judge Boyle’s Order dated April 6, 2011, the parties filed a joint discovery plan and a proposed case management order, and each party served and filed initial disclosures pursuant to FRCP 26.

We thank the Court for its kind consideration of this application.

Respectfully submitted,

Joshua A. Berman cc: Richard A. Kraslow, Esq. (via e-mail and ECF)

Attorney for Defendants Magistrate Judge E. Thomas Boyle (via ECF)

Case 2:11-cv-01556-JS-ETB Document 22 Filed 09/08/11 of 2 PageID #: 373

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

JOHN R. RICONDA,

Plaintiff,

-against-

MARC SHERMAN, EDWARD L. CUMMINGS, ROBERT W. VAN HELLEMONT, R. KEITH ELLIOT, JOHN F. CUNNINGHAM, AND GEOFF SMITH,

Defendants.

Civil Action No. 11-CV-01556

Judge Joanna Seybert

Magistrate Judge E. Thomas Boyle

STIPULATION FOR EXTENSION OF TIME

It is hereby stipulated by Plaintiff John R. Riconda (“Plaintiff” ) and Defendants Marc

Sherman, Edward L. Cummings, Robert W. Van Hellemont, R. Keith Elliot and Geoff Smith

(“Defendants”), through their under-signed attorneys, that the time for Plaintiff to file opposition

papers to Defendant’s motion to dismiss and motion to transfer venue is extended through and

including October 12, 2011. Defendant’s time to file reply papers is extended through and

including October 26, 2011.

Dated: September 8, 2011. New York, New York

By: /s

Joshua A. Berman KELLEY DRYE & WARREN LLP 101 Park Avenue New York, New York 10178 Telephone: (212) 808-7800 Email: [email protected] Attorney for Plaintiff John R. Riconda

Case 2:11-cv-01556-JS-ETB Document 22-1 Filed 09/08/11 Page 1 of 3 PageID #: 374

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Dated: September 8, 2011. Melville, New York

By: /s Richard A. Kraslow Richard A. Kraslow

RICHARD A. KRASLOW, P.C. 425 Broad Hollow Road, Suite 206 Melville, New York 11747 (631) 756-8300 Email: [email protected] Attorney for Defendants Marc Sherman, Edward L. Cummings, Robert W. Van Hellemont, R. Keith Elliot and Geoff Smith


CERTIFICATE OF SERVICE

I, Joshua A. Berman, hereby certify that on this 8th day of September, 2011, a true and correct copy of the foregoing document was served upon all counsel of record via ECF electronic filing.

/s/ Josh A. Berman Josh A. Berman


riconda vs sherman extension

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