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New York Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order

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US-0865LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Title: New York Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order Introduction: In the realm of legal proceedings, a joint motion of entry is filed to request the approval of a court order that outlines a revised schedule for the case. This article aims to provide a detailed description and guidance on drafting a New York Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order. The suggested content below highlights essential components and relevant keywords to ensure the letter's effectiveness. Content: 1. Heading: — Use court-accepted format (e.g., Supreme Court of the State of New York). — Mention both parties involved in the case. — Highlight that it is a joint motion. Example: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [County Name] Plaintiff's Name, Plaintiff, againstns— - Defendant's Name, Defendant. JOINT MOTION OF ENTRY OF SECOND AMENDED SCHEDULING ORDER 2. Introduction: — Identify the current scheduling order (e.g., First Amended Scheduling Order). — Explain the purpose of the joint motion (to request changes). Example: Dear [Judge's Full Name]: We, the plaintiffs and defendants in the aforementioned case, jointly submit this letter as a motion for the entry of the Second Amended Scheduling Order. The purpose of this joint motion is to seek necessary amendments to the current schedule previously established under the First Amended Scheduling Order. 3. Background Information: — Provide an overview of the case's history. — Explain the reasons necessitating the amendment. — Mention all relevant parties' agreement on the proposed amendments. Example: As Your Honor is well aware, this case involves [briefly describe the nature of the case]. Since the issuance of the First Amended Scheduling Order on [date], certain circumstances have come to light necessitating its amendment. We affirm that all parties involved consent to the proposed changes outlined in this joint motion. 4. Request for Amended Scheduling Order: — Specify the requested changes to the existing scheduling order. — Explain the reasons behind each proposed amendment (e.g., additional evidence, expert witness availability, etc.). — Suggest a revised timeline for various stages in the litigation process. Example: Based on our assessment of the case's progression and in the interest of achieving justice, we respectfully request the following amendments in the Second Amended Scheduling Order: — Modification 1: Extend the deadline for discovery by [number of days/weeks] to [new date], due to the recent disclosure of crucial evidence. — Modification 2: Extend the expert witness disclosure deadline by [number of days/weeks] to [new date], accounting for the unavailability of a key expert witness until [the expert witness's availability date]. 5. Confirmation of Agreement: — Express that all parties involved agree on the proposed changes. — Highlight the absence of objections or conflicts regarding the amended scheduling order. Example: The plaintiffs and defendants both confirm their mutual consent to the proposed amendments stated above. No objections or disputes have arisen in discussions regarding the revised timeline, underscoring the shared intention to promote fairness and efficiency during this legal process. 6. Conclusion: — Express gratitude for the court's consideration of the request. — Offer contact information for any necessary clarifications or further instructions. Example: We would like to express our sincere appreciation to Your Honor for considering this joint motion. We believe that these requested modifications to the existing scheduling order will facilitate a just and orderly resolution of this case. Should any additional information or clarifications be required, kindly contact the undersigned representatives for each party or our respective attorneys. Thank you for your attention to this matter. Yours sincerely, [Your Name] [Your Title/Position] [Plaintiff's Contact Information] [Co-Plaintiff's Name] [Co-Plaintiff's Title/Position] [Co-Plaintiff's Contact Information] [Defendant's Name] [Defendant's Title/Position] [Defendant's Contact Information] [Co-Defendant's Name] [Co-Defendant's Title/Position] [Co-Defendant's Contact Information] ------ Note: The letter above is a general template for a New York Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order. It should be modified and customized according to the specific facts and circumstances of the case. Remember to consult with legal professionals for precise guidance tailored to your situation.

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Briefing Schedule The moving party can elect one of two briefing schedules: "16-7-1" or "8-2". Under the "16-7-1" briefing schedule, the moving party must serve the notice of motion and motion papers at least 16 days before the return date of the motion.

22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

These are minimum times, and are almost always expanded by the Court. Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.

CPLR 3212(b) provides for summary judgment in toto if, ?upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.? CPLR 3212(e) provides for partial summary judgment, or ?summary judgment ...

Rule 56.1 requires movants for summary judgment to submit, with the motion, a ?separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.? E.D.N.Y. Civ. R. 56.1(a) (emphasis in original).

Local Rule 56.1(d) provides as follows: ?Each statement of material fact by a movant or opponent must be fol- lowed by citation to evidence which would be admissi- ble, set forth as required by Federal Rule of Civil Proce- dure 56(e).?

If you are not able to resolve discovery disputes by discussing them with the other side, Local Civil Rule 37.2 requires that you request a conference with the judge.

A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time.

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Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are ... Mar 7, 2023 — The Court shall generally request a jointly proposed Case. Management Plan and Scheduling Order pursuant to Federal Rule of Civil. Procedure 16( ...For the purpose of meeting deadlines imposed by court rule, order or statute, all records on appeal, briefs, appendices, motions, affirmations and other ... If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. III. MOTIONS. A. Discovery or ... The scheduling order must limit the time to join other parties, amend the pleadings, complete discovery, and file motions. (B) Permitted Contents. The ... Sep 30, 1999 — Plaintiff United States of America, by its attorneys, hereby respectfully requests that the Court enter a second revised scheduling order ... Jul 1, 2023 — 1.265(1) The court may amend the certification order at any time before entry of judgment on the merits. The amendment may do the following: a. Entry of Judgment. Filing a stipulation for modification of the parenting plan: The Motion to Modify is a formal pleading to the court which must be filled out ... CHAPTER 10: TAKING ACTION AGAINST AN UNPAID JUDGMENT. Lien on Real Property (Starting the Process on Lien). (Lien on Debtor's business assets). Motion to Amend or Review Order [Form DC-630] Instructions Forthcoming ... To fill out a form, open the form by clicking on it. All fields within the form ...

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New York Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order