Preview
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________________________________/
AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC.,
AFFIDAVIT OF
CHAUNCEY COLE IN SUPPORT
Plaintiff, OF ADJOURNMENT AND
v. AND EXTENSION OF TIME
CIRCUITRONIX, LLC, Index No. 654749 / 2020
Defendant.
____________________________________/
I, Chauncey Cole, hereby testify and swear to the following:
1. I am a member of the Bar of the State of Florida and New York and I am the owner
and managing partner of the law firm Chauncey Cole, PA. I make the following declaration based
upon my personal knowledge.
2. I have been a member of the Florida Bar since 2013 and a member of the New York
Bar since 2007. In addition, I am admitted to practice law in the United States District Court,
Southern District of Florida, and the United States District Court, Southern District of New York.
3. I graduated from the University of Miami School of Law, magna cum laude, in
2006. During law school, I was Articles and Comments Editor of the University of Miami Law
Review.
4. I began practicing law full time as a commercial litigator in 2006. Prior to starting
my own firm in 2018, I practiced law in the New York office of Cadwalader, Wickersham & Taft,
LLP from 2006 to 2012, and in the Miami office of Kozyak, Tropin & Throckmorton, LLP from
2012 to 2018.
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5. I am a Board Certified trial lawyer, recognized by the Florida Bar in the practice
area of Business Litigation. I have been Board Certified since 2021. Less than 1% of the lawyers
licensed to practice law in Florida hold the distinction of being Board Certified in Business
Litigation.
6. I have represented Circuitronix, LLC (“CTX”) as counsel in various commercial
litigation matters since 2015.
7. AMEX filed a motion for summary judgment on March 30, 2024, with a return date
of May 2, 2024. The parties subsequently consented to adjourn the return date by 7 days, to May
9, 2024.
8. On May 7, 2024, I wrote to counsel for AMEX requesting that the return date be
adjourned to May 23, 2024 to accommodate other professional scheduling conflicts that would
make it unduly burdensome to comply with the return date of May 9, 2024, and to complete the
necessary work, including briefing and obtaining witness affidavits, in order to ensure that the
matter could be appropriately and timely submitted to the court for orderly resolution of the issues
on the merits, including time for reply briefing by AMEX. I have included a copy of the relevant
email correspondence as Exhibit 1, below.
9. I again requested an adjournment both by email and phone call on May 8, 2024, to
counsel for AMEX, Dennis C. Pons, Esq. Mr. Pons responded on May 8, 2024, by email indicating
that AMEX would not consent to any adjournment of the return date of May 9, 2024. (Exhibit 1).
10. I also communicated to Mr. Pons, both by email and phone call, that if an agreement
could not be reached on the adjournment, CTX would be constrained to move for additional time
unilaterally. Mr. Pons indicated a lack of agreement for AMEX, and failed to respond to any
further communications. (Exhibit 1).
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11. Prior to setting the initial return date, Plaintiff made no effort to communicate with
me or otherwise meet and confer about a mutually available return date or briefing schedule.
Although Plaintiff’s counsel agreed to an initial 7-day adjournment, that proved to be insufficient
to complete the required briefing and to allow for the orderly submission of the issues. Given that
CTX is now constrained to engage in motion practice merely to obtain what should be a routine
adjournment, agreed as a professional courtesy to opposing counsel, even more time is required
for this motion practice.
12. I have unresolvable scheduling conflicts that make it impractical to complete the
required briefing and affidavits by the current return date, despite diligent efforts. I am a solo
practitioner and I am lead trial counsel in the following active complex commercial matters that
have presented a workload and scheduling issues affecting my ability to complete briefing on this
matter by the current return date:
a. Shenzhen Kinwong Electronic Co, Ltd et al v. Kukreja et al., Case No. 0:18-
cv-61550-RKA, (S.D.Fla.)
b. RIIMIC, LLC v. Rockwell Collins, Inc., Case No. 0:24-cv-60358-DMM,
(S.D.Fla.)
c. GF Machining Solutions S.A. DE C.V. et al v. Circuitronix, LLC, Case No.
0:23-cv-60970-KMM, (S.D.Fla.)
d. Topsearch Printed Circuits Mac Vs Circuitronix LLC, Case No. CACE-17-
003780 (17th Judicial Circuit Court, Florida)
e. Circuitronix LLC vs Ketan Sheth et al, Case No. 2016-013595-CA-01 (11th
Judicial Circuit Court, Florida)
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f. Circuitronix LLC vs Anchal Tandon et al, Case No. 2022-004513-CA-01
(11th Judicial Circuit Court, Florida)
g. AMT Automatisierungstechnik Gm v. Chrom Industries, LLC, Case No.
CACE-23-003388 (17th Judicial Circuit Court, Florida)
13. I am not able to appear for hearing on May 9, 2024, or complete the relevant
briefing, despite diligent efforts, due to the prior engagements mentioned above, and respectfully
request an adjournment of 28 days, with a corresponding extension of time to respond to the
motion, in order to have the opportunity to appear and respond to the motion in an orderly and
responsible fashion.
VERIFICATION PURSUANT TO CPLR 2106
I affirm this 8th day of May, 2024, under the penalties of perjury under the laws of New
York, that the foregoing is true. By: /s/ Chauncey D. Cole IV
Dated: May 8, 2024 Respectfully submitted
CHAUNCEY COLE, PA
Counsel for Circuitronix, LLC
9100 South Dadeland Blvd., Suite 1553
Miami, Florida 33156
Tel.: (786) 497-7053
By: /s/ Chauncey D. Cole IV
Chauncey D. Cole, IV, Esq.
chauncey.cole@coletrial.com
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EXHIBIT 1
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From: Chauncey Cole
To: Dennis Pons
Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020
(American Express Travel Related Services Company, Inc. v. Circuitronix, LLC)
Date: Wednesday, May 8, 2024 1:20:00 PM
Hi Dennis,
I certainly don’t want to ask you to work over Memorial Day weekend. I
think there may be some confusion there. If I file my opposition on May 16,
your reply would be due on the return date of May 23, which is before
Memorial Day weekend. I’m also open to an alternative briefing schedule
that would better accommodate your own schedule if you want to suggest
something (for example, we could adjourn the return date to June). But the
bottom line is that I need some additional time for this and I would appreciate
it if you could extend me that professional courtesy. The amount of time
we’re talking about here will not prejudice your client in any way, and will
allow for the orderly resolution of the issues on the merits. Please consider
it, and I will give you a call shortly. Thank you.
Respectfully yours,
Chauncey D. Cole IV, Esq.
Chauncey Cole, PA
9100 South Dadeland Blvd., Suite 1553
Miami, FL 33156
chauncey.cole@coletrial.com
Direct: 786-497-7053
Mobile: 518-229-2782
From: Dennis Pons
Sent: Wednesday, May 8, 2024 1:06 PM
To: Chauncey Cole
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Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix,
LLC)
Hi Chauncey,
Your opposition was due by April 25th. I would have freely granted any extension requested prior
to this date. You had 26 days to file opposition papers. Thereafter, consideration by the Court of
any late papers filed by you was discretionary.
You contacted me May 1st, six days past this deadline, requesting an Adjournment to May 9th,
which I reluctantly consented to in accordance with 22 N.Y.C.R.R. § 1200, Appendix A, despite
arguably impairing our client’s position.
Again, you neglected to file timely opposition papers, and now request further adjournment so
that my reply period falls over Memorial Day weekend? I would gladly accommodate any
scheduling conflict, but this motion is on submission so there can be no conflict.
Our client already stipulated to allow your client to file a late answer six months after it was
served. You rewarded it by filing meritless counterclaims. You filed a Notice to take Deposition
at 11:39 PM on the deadline to actually conduct, not notice, depositions. You failed to appear at
the scheduled final conference without any advance notice. I am not eager to see what other
“gotcha” tactics you have remaining in your toolbelt.
You have not produced any documents in this matter that weren’t already produced earlier to
you by us.
You have not provided a modicum of evidence that your client didn’t receive the goods it
intended to purchase, despite repeated pleas to do so.
I do not see how it is reasonable to ask for an extension after a deadline has passed, let alone
twice. I cannot countenance this pattern of delay on behalf of my client.
American Express has not waived any of its available rights or remedies.
Regards,
Dennis C. Pons, Esq.
Jaffe & Asher, LLP
600 Third Avenue
New York, New York 10016
Tel.: 212.687.3000 ext.2564
Dir.: 646.313.2564
Fax: 212.687.9639
Email: DPons@JaffeandAsher.com
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New York I Florida I Georgia I New Jersey I California I Texas I White Plains
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS ELECTRONIC
MAIL MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE
ATTORNEY WORK PRODUCT PRIVILEGE OR OTHERWISE CONFIDENTIAL. ANY
DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE
OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS
UNAUTHORIZED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE
DELETE IT FROM YOUR SYSTEM IMMEDIATELY.
From: Chauncey Cole
Sent: Wednesday, May 8, 2024 12:46 PM
To: Dennis Pons
Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix,
LLC)
Hi Dennis,
Please let me know your response to my request below. I would
certainly prefer not to have to move for the requested adjournment
unilaterally, but I may be constrained to do that if I don’t receive your
response. I’ll trying calling you about this later if I don’t hear back
soon. Considering the directives of the New York State Standards of
Civility for the Legal Profession (22 N.Y.C.R.R. § 1200, Appendix A),
which admonish lawyers to work together, respect each other’s
schedules, and provide professional courtesy to “agree to reasonable
requests for extensions of time” such as this, I am very hopeful you
will agree to the brief adjournment I have requested here. Please let
me know. Thank you.
Respectfully yours,
Chauncey D. Cole IV, Esq.
Chauncey Cole, PA
9100 South Dadeland Blvd., Suite 1553
Miami, FL 33156
chauncey.cole@coletrial.com
Direct: 786-497-7053
Mobile: 518-229-2782
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From: Chauncey Cole
Sent: Tuesday, May 7, 2024 8:58 AM
To: dpons@jaffeandasher.com
Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix,
LLC)
Good Morning Dennis,
I would like to request a further adjournment of the return date for your
motion for summary judgment. I am working to complete our papers in
response to your motion but I may need a few additional working days to get
everything in order. I also see that you requested that our papers be filed 7
days before the return, which seems reasonable, but I will not be able to do
that with the current date of May 9. I would ask that we adjourn the return
date to Thursday, May 23. This will afford both of us an opportunity to fully
brief the issues raised in the motion and present the matter to the court in an
orderly fashion for resolution on the merits. This short extension will not
prejudice your client’s rights in any way, and I would greatly appreciate this
professional courtesy. If you would like even more time for briefing, I would
be open to that since the rules allow the return date to be adjourned by up to
60 days, but from my side May 23 should be sufficient time. If that is
acceptable, please let me know and I can prepare a submission to that effect.
Thank you, and I look forward to hearing from you.
Respectfully yours,
Chauncey D. Cole IV, Esq.
Chauncey Cole, PA
9100 South Dadeland Blvd., Suite 1553
Miami, FL 33156
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chauncey.cole@coletrial.com
Direct: 786-497-7053
Mobile: 518-229-2782
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Preview
FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________________________________/ AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., AFFIDAVIT OF CHAUNCEY COLE IN SUPPORT Plaintiff, OF ADJOURNMENT AND v. AND EXTENSION OF TIME CIRCUITRONIX, LLC, Index No. 654749 / 2020 Defendant. ____________________________________/ I, Chauncey Cole, hereby testify and swear to the following: 1. I am a member of the Bar of the State of Florida and New York and I am the owner and managing partner of the law firm Chauncey Cole, PA. I make the following declaration based upon my personal knowledge. 2. I have been a member of the Florida Bar since 2013 and a member of the New York Bar since 2007. In addition, I am admitted to practice law in the United States District Court, Southern District of Florida, and the United States District Court, Southern District of New York. 3. I graduated from the University of Miami School of Law, magna cum laude, in 2006. During law school, I was Articles and Comments Editor of the University of Miami Law Review. 4. I began practicing law full time as a commercial litigator in 2006. Prior to starting my own firm in 2018, I practiced law in the New York office of Cadwalader, Wickersham & Taft, LLP from 2006 to 2012, and in the Miami office of Kozyak, Tropin & Throckmorton, LLP from 2012 to 2018. 1 1 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 5. I am a Board Certified trial lawyer, recognized by the Florida Bar in the practice area of Business Litigation. I have been Board Certified since 2021. Less than 1% of the lawyers licensed to practice law in Florida hold the distinction of being Board Certified in Business Litigation. 6. I have represented Circuitronix, LLC (“CTX”) as counsel in various commercial litigation matters since 2015. 7. AMEX filed a motion for summary judgment on March 30, 2024, with a return date of May 2, 2024. The parties subsequently consented to adjourn the return date by 7 days, to May 9, 2024. 8. On May 7, 2024, I wrote to counsel for AMEX requesting that the return date be adjourned to May 23, 2024 to accommodate other professional scheduling conflicts that would make it unduly burdensome to comply with the return date of May 9, 2024, and to complete the necessary work, including briefing and obtaining witness affidavits, in order to ensure that the matter could be appropriately and timely submitted to the court for orderly resolution of the issues on the merits, including time for reply briefing by AMEX. I have included a copy of the relevant email correspondence as Exhibit 1, below. 9. I again requested an adjournment both by email and phone call on May 8, 2024, to counsel for AMEX, Dennis C. Pons, Esq. Mr. Pons responded on May 8, 2024, by email indicating that AMEX would not consent to any adjournment of the return date of May 9, 2024. (Exhibit 1). 10. I also communicated to Mr. Pons, both by email and phone call, that if an agreement could not be reached on the adjournment, CTX would be constrained to move for additional time unilaterally. Mr. Pons indicated a lack of agreement for AMEX, and failed to respond to any further communications. (Exhibit 1). 2 2 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 11. Prior to setting the initial return date, Plaintiff made no effort to communicate with me or otherwise meet and confer about a mutually available return date or briefing schedule. Although Plaintiff’s counsel agreed to an initial 7-day adjournment, that proved to be insufficient to complete the required briefing and to allow for the orderly submission of the issues. Given that CTX is now constrained to engage in motion practice merely to obtain what should be a routine adjournment, agreed as a professional courtesy to opposing counsel, even more time is required for this motion practice. 12. I have unresolvable scheduling conflicts that make it impractical to complete the required briefing and affidavits by the current return date, despite diligent efforts. I am a solo practitioner and I am lead trial counsel in the following active complex commercial matters that have presented a workload and scheduling issues affecting my ability to complete briefing on this matter by the current return date: a. Shenzhen Kinwong Electronic Co, Ltd et al v. Kukreja et al., Case No. 0:18- cv-61550-RKA, (S.D.Fla.) b. RIIMIC, LLC v. Rockwell Collins, Inc., Case No. 0:24-cv-60358-DMM, (S.D.Fla.) c. GF Machining Solutions S.A. DE C.V. et al v. Circuitronix, LLC, Case No. 0:23-cv-60970-KMM, (S.D.Fla.) d. Topsearch Printed Circuits Mac Vs Circuitronix LLC, Case No. CACE-17- 003780 (17th Judicial Circuit Court, Florida) e. Circuitronix LLC vs Ketan Sheth et al, Case No. 2016-013595-CA-01 (11th Judicial Circuit Court, Florida) 3 3 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 f. Circuitronix LLC vs Anchal Tandon et al, Case No. 2022-004513-CA-01 (11th Judicial Circuit Court, Florida) g. AMT Automatisierungstechnik Gm v. Chrom Industries, LLC, Case No. CACE-23-003388 (17th Judicial Circuit Court, Florida) 13. I am not able to appear for hearing on May 9, 2024, or complete the relevant briefing, despite diligent efforts, due to the prior engagements mentioned above, and respectfully request an adjournment of 28 days, with a corresponding extension of time to respond to the motion, in order to have the opportunity to appear and respond to the motion in an orderly and responsible fashion. VERIFICATION PURSUANT TO CPLR 2106 I affirm this 8th day of May, 2024, under the penalties of perjury under the laws of New York, that the foregoing is true. By: /s/ Chauncey D. Cole IV Dated: May 8, 2024 Respectfully submitted CHAUNCEY COLE, PA Counsel for Circuitronix, LLC 9100 South Dadeland Blvd., Suite 1553 Miami, Florida 33156 Tel.: (786) 497-7053 By: /s/ Chauncey D. Cole IV Chauncey D. Cole, IV, Esq. chauncey.cole@coletrial.com 4 4 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 EXHIBIT 1 5 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 From: Chauncey Cole To: Dennis Pons Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix, LLC) Date: Wednesday, May 8, 2024 1:20:00 PM Hi Dennis, I certainly don’t want to ask you to work over Memorial Day weekend. I think there may be some confusion there. If I file my opposition on May 16, your reply would be due on the return date of May 23, which is before Memorial Day weekend. I’m also open to an alternative briefing schedule that would better accommodate your own schedule if you want to suggest something (for example, we could adjourn the return date to June). But the bottom line is that I need some additional time for this and I would appreciate it if you could extend me that professional courtesy. The amount of time we’re talking about here will not prejudice your client in any way, and will allow for the orderly resolution of the issues on the merits. Please consider it, and I will give you a call shortly. Thank you. Respectfully yours, Chauncey D. Cole IV, Esq. Chauncey Cole, PA 9100 South Dadeland Blvd., Suite 1553 Miami, FL 33156 chauncey.cole@coletrial.com Direct: 786-497-7053 Mobile: 518-229-2782 From: Dennis Pons Sent: Wednesday, May 8, 2024 1:06 PM To: Chauncey Cole 6 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix, LLC) Hi Chauncey, Your opposition was due by April 25th. I would have freely granted any extension requested prior to this date. You had 26 days to file opposition papers. Thereafter, consideration by the Court of any late papers filed by you was discretionary. You contacted me May 1st, six days past this deadline, requesting an Adjournment to May 9th, which I reluctantly consented to in accordance with 22 N.Y.C.R.R. § 1200, Appendix A, despite arguably impairing our client’s position. Again, you neglected to file timely opposition papers, and now request further adjournment so that my reply period falls over Memorial Day weekend? I would gladly accommodate any scheduling conflict, but this motion is on submission so there can be no conflict. Our client already stipulated to allow your client to file a late answer six months after it was served. You rewarded it by filing meritless counterclaims. You filed a Notice to take Deposition at 11:39 PM on the deadline to actually conduct, not notice, depositions. You failed to appear at the scheduled final conference without any advance notice. I am not eager to see what other “gotcha” tactics you have remaining in your toolbelt. You have not produced any documents in this matter that weren’t already produced earlier to you by us. You have not provided a modicum of evidence that your client didn’t receive the goods it intended to purchase, despite repeated pleas to do so. I do not see how it is reasonable to ask for an extension after a deadline has passed, let alone twice. I cannot countenance this pattern of delay on behalf of my client. American Express has not waived any of its available rights or remedies. Regards, Dennis C. Pons, Esq. Jaffe & Asher, LLP 600 Third Avenue New York, New York 10016 Tel.: 212.687.3000 ext.2564 Dir.: 646.313.2564 Fax: 212.687.9639 Email: DPons@JaffeandAsher.com 7 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 New York I Florida I Georgia I New Jersey I California I Texas I White Plains THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS ELECTRONIC MAIL MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR THE ATTORNEY WORK PRODUCT PRIVILEGE OR OTHERWISE CONFIDENTIAL. ANY DISSEMINATION, COPYING OR USE OF THIS E-MAIL BY OR TO ANYONE OTHER THAN THE DESIGNATED AND INTENDED RECIPIENT(S) IS UNAUTHORIZED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM IMMEDIATELY. From: Chauncey Cole Sent: Wednesday, May 8, 2024 12:46 PM To: Dennis Pons Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix, LLC) Hi Dennis, Please let me know your response to my request below. I would certainly prefer not to have to move for the requested adjournment unilaterally, but I may be constrained to do that if I don’t receive your response. I’ll trying calling you about this later if I don’t hear back soon. Considering the directives of the New York State Standards of Civility for the Legal Profession (22 N.Y.C.R.R. § 1200, Appendix A), which admonish lawyers to work together, respect each other’s schedules, and provide professional courtesy to “agree to reasonable requests for extensions of time” such as this, I am very hopeful you will agree to the brief adjournment I have requested here. Please let me know. Thank you. Respectfully yours, Chauncey D. Cole IV, Esq. Chauncey Cole, PA 9100 South Dadeland Blvd., Suite 1553 Miami, FL 33156 chauncey.cole@coletrial.com Direct: 786-497-7053 Mobile: 518-229-2782 8 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 From: Chauncey Cole Sent: Tuesday, May 7, 2024 8:58 AM To: dpons@jaffeandasher.com Subject: RE: NYSCEF Alert: New York - Commercial - Contract - 654749/2020 (American Express Travel Related Services Company, Inc. v. Circuitronix, LLC) Good Morning Dennis, I would like to request a further adjournment of the return date for your motion for summary judgment. I am working to complete our papers in response to your motion but I may need a few additional working days to get everything in order. I also see that you requested that our papers be filed 7 days before the return, which seems reasonable, but I will not be able to do that with the current date of May 9. I would ask that we adjourn the return date to Thursday, May 23. This will afford both of us an opportunity to fully brief the issues raised in the motion and present the matter to the court in an orderly fashion for resolution on the merits. This short extension will not prejudice your client’s rights in any way, and I would greatly appreciate this professional courtesy. If you would like even more time for briefing, I would be open to that since the rules allow the return date to be adjourned by up to 60 days, but from my side May 23 should be sufficient time. If that is acceptable, please let me know and I can prepare a submission to that effect. Thank you, and I look forward to hearing from you. Respectfully yours, Chauncey D. Cole IV, Esq. Chauncey Cole, PA 9100 South Dadeland Blvd., Suite 1553 Miami, FL 33156 9 of 10 FILED: NEW YORK COUNTY CLERK 05/09/2024 12:23 AM INDEX NO. 654749/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 05/09/2024 chauncey.cole@coletrial.com Direct: 786-497-7053 Mobile: 518-229-2782 10 of 10