Attorney Mark D. Zuckerman, writing on behalf of the City of New York and SeanPaul “Long Island Audit” Reyes’ (LIA) attorneys, requested approval of two new requests to Judge Jessica G.L. Clarke on Tuesday.
The first was a request to submit a 20-page Reply of Memorandum of Law in support of the defense’s motion to dismiss plaintiff’s amended complaint. LIA’s attorney has already given consent to the length of the reply as it addresses a multitude of issues brought up in LIA’s response memorandum of law.
Due to existing limits with the Court, without requesting permission to extend the page length without objection from the LIA’s attorney, the defense would be limited to a 10-page reply.
The second request, again approved by LIA’s attorney, essentially asks the Court to delay the deadline for the defense’s brief in support of their motion to dismiss from March 12 to March 19, 2024.
Zuckerman stated that the reason for the delay was due to the Second Circuit Court of Appeals scheduling oral argument on the City’s motion for a stay of Clarke’s preliminary injunction on the New York City Police Department’s policy at the heart of LIA’s lawsuit.
Clarke had previously stayed her preliminary injunction until the Second Circuit Court’s appeal was finished. Due to the Second Circuit’s intense schedule, this is the first sign of life from the Court in months.
Update: Judge Clarke approved both requests in a late-night filing on Tuesday.
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