Mendez v. John Jay College of Criminal Justice

peli > tah a ic?) a: tie? i □□ ae my Office of the New York State Letitia James Attorney General Attorney General August 12, 2025 Via ECF Honorable Lorna G. Schofield Plaintiff shall file any response to Defendant's United States District Judge request for an extension of the summary Southern District of New York judgment briefing schedule by August 19, 2025.

Thurgood Marshall United States Courthouse Foley Square Dated: August 13, 2025 New York, NY 10007 New York, New York / / . LORNA G, SCHOFIEL!

RE: Mendez v. John Jay College of Criminal Justice UNITED STATES DISTRICT JUDGE 1:23-CV-08816 (LGS) Dear Judge Schofield: This Office represents Defendant, The City University of New York (s/h/a “John Jay College of Criminal Justice”)! in this action. I write to respectfully request an extension of the summary judgment briefing schedule that Your Honor ordered yesterday. ECF No. 126.”

This request is necessary because the director of John Jay’s Office of Accessibility Services has been on medical leave since June, and does not expect to return to work until sometime in September. I anticipate that the director will submit a declaration in support of Defendant’s summary judgment motion because the Office of Accessibility Services was the office that facilitated Plaintiff's reasonable accommodations - the main issue in this lawsuit. Thus, she has personal knowledge of facts highly relevant to this case, and Defendant will be severely prejudiced if they must move for summary judgment while she is unavailable.

To ensure that Defendant is able to meet with the director before its summary judgment motion is due, and prepare any necessary declarations, as well as taking into account summer vacation schedules of counsel and other anticipated declarants, Defendant respectfully requests a modification of the briefing schedule to the following: Defendant’s summary judgment motion due by October 15, 2025, Plaintiff's opposition due by November 12, 2025, and Defendant’s reply due by December 3, 2025.

1 The John Jay College of Criminal Justice (“John Jay”) is a senior college of CUNY and is not a “legally cognizable entity apart from CUNY.” Clissuras v. City Univ. of N.Y., 359 F.3d 79, 81 n.2 (2d Cir. 2004); N-Y.

Educ. Law § 6202(5).

2 The August 11 Order set the following briefing schedule: Defendant’s motion is due by August 29, 2025, Plaintiffs opposition is due by September 25, 2025, and Defendant’s reply is due by October 10, 2025.

Litigation Bureau | 28 Liberty Street, New York NY 10005 This is Defendant’s first request for an extension of the deadline to file its motion for summary judgment. Plaintiff pro se does not consent and apparently will be filing his own letter indicating that the “delay is too long.”

Thank you for your time and consideration of this matter.

Respectfully submitted, /s/ Samuel A. Martin Samuel A. Martin Assistant Attorney General Tel.: (212) 416-8920 [email protected] CC: Plaintiff pro se (Via Mail and Email) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FRANKLIN MENDEZ Plaintiff, - against - No. 1:23-cv-8816 JOHN JAY COLLEGE OF CRIMINAL JUSTICE, DEFENDANT CERTIFICATE OF SERVICE Defendants.

SAMUEL MARTIN, pursuant to 28 U.S.C. § 1746, certifies under penalty of perjury as follows: I am employed as an Assistant Attorney General in the Office of the New York State Attorney General, attorney for Defendant The City University of New York (s/h/a “John Jay College of Criminal Justice”).

On August 12, 2025, I served a true and correct copy of Defendant’s August 12, 2025 letter to the Court concerning the summary judgment briefing schedule on the below-listed Plaintiff pro se by email and by depositing a copy properly enclosed in a prepaid envelope, into a mail deposit box regularly maintained outside of 56 Beaver Street, New York, NY 10004 at the physical address designated by Plaintiff within the State of New York for that purpose as follows: Franklin Mendez Ocean Drive W17J Brookly, NY 11224 fmendez3327 @ gmail.com I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Dated: New York, New York August 12, 2025 OM SAMUEL MARTIN