Vag OR EEE ES ip United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 July 22, 2022 By ECF Honorable Lorna G. Schofield United States District Judge United States Courthouse 500 Pearl Street New York, New York 10007 Re: — Patrick Hye v. United States of America et al., 21 Civ. 6304 (LGS) Dear Judge Schofield: This Office represents the defendant United States of America (the “Government”) in the above-referenced matter. I write respectfully in response to the Court’s Order, dated July 18, 2022 (ECF No. 53), to inform the Court that the Government believes that a Rule 37 discovery conference in this matter is still necessary. While Plaintiff provided discovery responses to the Government on July 15, 2022, the Government has informed Plaintiff that those responses were deficient. Although Plaintiff has agreed to supplement his discovery responses—particularly with respect to the computation of, and supporting documentation related to, Plaintiffs claim for lost earnings—by sometime next week, it remains to be seen whether and when that will in fact occur. A Rule 37 discovery conference is necessary to allow the Court to impose a deadline by which Plaintiff is required to provide these discovery responses or be precluded from claiming damages for lost earnings. See, e.g., Kennedy v. Gabryszak,

, at *4 (W.D.N.Y. June 24, 2020) (ordering plaintiff to “provide a computation of each category of damages claimed ... or be precluded from claiming non-disclosed damages at trial”). In addition, Plaintiffs delay in providing discovery responses, and various authorizations for the release of his records, means that it will be necessary to push back the Court-ordered deadlines for Plaintiff's deposition of no later than August 15, 2022, and for his daughter’s deposition of no later than August 30, 2022. (ECF No. 48 at 3). The parties have conferred, and jointly propose that those deadlines be extended to September 15, 2022 and September 30, 2022. This is the first request for an extension of these deadlines. GRANTED. The parties shall appear for a conference on August 2, 2022, at 5:10 p.m. The conferen be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The tir the conference is approximate, but the parties shall be prepared to begin at the scheduled time. Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 41 and 51. July 25, 2022 New York, New York .

LORNA G. SCHOFIEL

Thank you for your consideration of this matter. Respectfully submitted, DAMIAN WILLIAMS United States Attorney for the Southern District of New York Attorney for the Government By: /s/ David E. Farber DAVID E. FARBER Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Tel.: (212) 637-2772 E-mail: [email protected] CC: All counsel of record (by ECF)