Torres v. Zuleta

Full title: GREGORY TORRES, JR., et al., Plaintiff, v. MAYRA ZULETA, Defendant

Court: United States District Court, E.D. New York

Date published: Oct 22, 2007

07-CV-425 (ERK) (E.D.N.Y. Oct. 22, 2007)

Opinion

07-CV-425 (ERK).

October 22, 2007

MEMORANDUM AND ORDER

ROANNE MANN, Magistrate Judge

The Court is in receipt of defendant's request to adjourn the November 8th arbitration hearing, which motion is joined by plaintiff. Defendants cites two reasons for the request: defendant wishes to make a dispositive motion; and discovery has not been completed. For the following reasons, the application is denied.

First, with respect to the dispositive motion, the parties were previously reminded that any such motion must comply with Judge Korman's individual rules, and defendant has not complied with those rules. More importantly, any argument that the claim is time-barred may be addressed to the arbitrator, who is well-equipped to consider that issue in rendering his award.¹

1 In addition, defendant will not be deemed to have waived that motion if he waits until after the arbitration hearing to make it.

With respect to the issue of discovery, it suffices to say that fact discovery ended on August 31, 2007, and defendant has cited no reason for failing to have made a timely application to the Court. Nevertheless, the Court will reopen discovery until November 2, 2007, by which date all discovery must be complete.

SO ORDERED.