Gannon v. 209-219 W. 38 LLC

© USDC SDNY Aa. DOCUMENT KAUFMAN DOLOWICH VOLUCK |{ ELECTRONICALLY FILED Kaufman Dolowich & Voluck, LLP ATTORNEYS AT LAW DOC #: 135 Crossways Park Drive, Suite 201 Matthew E. Cohen |e Woodbury, New York 11797 MCohen @kdvlaw.com DATE FILED: _08/17/2022 _ Telephone: 516.681.1100 Facsimile: 516.681.1101 www.kdvlaw.com August 16, 2022 VIA ECF Honorable Katharine H. Parker, U.S.M.J.

United States District Court APPLICATION GRANTED Southern District of New York = Pearl Street, Room 750 Katha 4 uke New York, New York 10007 Hon. Katharine H. Parker, U.S.N Re: Stephen Gannon v. 209-219 W. 38 LLC, et. al. 08/17/2022 Case No.: 22-cv-00879 (ALC)(KHP) Dear Judge Parker: This firm represents Defendant, Ben’s Kosher Delicatessen & Restaurant Inc. (“Ben’s Delt”), in the above-referenced matter. We write jointly with counsel for Defendant, 209- 219 W. 38 LLC (209-219”). In addition, Plaintiff's counsel has consented to the requests herein.

Defendants Ben’s Deli and 209-219 are pleased to report that a settlement in principle has been reached and that the Parties are in the process of drafting a settlement _agreement to memorialize the same. As a result, we respectfully request that the Initial Conference currently scheduled for August 23, 2022 be adjourned and all deadlines held in abeyance sine die to enable the Parties time to complete the necessary settlement paperwork and file a Stipulation of Dismissal with the Court, which the Parties anticipate will take approximately 30 days.

During a conference call between counsel for all parties that took place on August 5, 2022, a settlement was reached in principle and the parties agreed to file a letter with the Court notifying it of same and respectfully requesting an adjournment of the Initial Conference and upcoming deadlines. Mr. Ford has agreed that a settlement in principle has been reached and is in agreement that we write jointly to Your Honor regarding the above requests.

We thank Your Honor for all courtesies extended.

Respectfully submitted, Kaufman Dolowich & Voluck, LLP Matthew Cohen cc: All Counsel of Record (via ECF)