Rosas v. Shorehaven Homeowners Association, Inc.

Parker | Colonnelli MEMO ENDORSED Jacqueline L. Aiello, Esq. [email protected] October 18, 2023 (via ECF only) Hon. Jessica G. L. Clarke United States District Court Southern District of New York Daniel Patrick Moynihan United States Courthouse Pearl Street New York, NY 10007 Re: Rosas v. Shorehaven Homeowners Association, Inc., et al.

Case No. 23-cv-4052 Judge Clarke: We are attorneys for the defendants, Shorehaven Homeowners Association, Inc. and Haydee Rosario (the “Defendants’), in the above-referenced matter. We write to request a stay of the upcoming preliminary conference, scheduled for October 24, 2023.

The instant application is being made because there is currently a Motion to Dismiss pending before the Court and Defendants seek to adjourn the preliminary conference pending the resolution of the motion. By this application, the Defendants wish to conserve the Court’s and parties’ time and resources, pending the resolution of this motion which may alleviate the need for discovery or, if not granted in its entirety, potentially limit the scope of discovery.

Accordingly, the Defendants respectfully request that the Preliminary Conference scheduled for October 24, 2023, be stayed pending the resolution of the Motion to Dismiss. No prior request for this relief has been made. We have consulted Plaintiffs counsel and they have not consented to the instant application.

We thank Your Honor for considering this request.

DENIED. The filing of a motion to dismiss does stay discovery. Hong Leong Fin. Ltd. Respectfully submitted, v. Pinnacle Performance Ltd., 297 F.R.D. 69, 72 2013). The joint letter and proposed Civil Case Z li L. Ciella Plan and Scheduling Order remain due on October 18, — has since passed) and the initial pretrial conference Jacqueline L. Aiello, Esq. scheduled for October 24, 2023, unless the parties agree to a anagement Plan and Scheduling Order. The Parties are hereby to file the joint letter and proposed Case Management Plan by 2023. SO.ORDERED. __, 19, 2023 ( \e aa.Ca (KOLA Be York, New York () ESSICAS. Te CLARKE BOYD RICHARDS PARKER & COLONELLI, P.L United States District Iudge 7 7 SEAS BAe eee MIAMI FT. LAUDERDALE TAMPA NEW YOR S.E. Second Street, Suite 2600 1600 W. Commercial Boulevard, Suite 201 400 N. Ashley Drive, Suite 1150 WEST PALM BEACH 1500 Broadway, S Miami, Florida 33131 Fort Lauderdale, Florida 33302 Tampa, Florida 33602 1555 Palm Beach Lakes Blvd., Suite 550 New York, New Yc