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KIRK T. KENNEDY, ESQ.

Nevada Bar No: 5032

815 S. Casino Center Blvd.

Las Vegas, NV 89101

(702) 385-5534

Attorney for Plaintiff

Admitted Pro Hac Vice

JOSHUA H. ABRAMSON, ESQ.

PORZIO, BROMBERG & NEWMAN, P.C.

156 W. 56 St. th

New York, NY 10019-3800

(646) 348-6720

Local Counsel for Plaintiff

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CANDACE SCHELBERG PEZZUTI, ) 2:07-cv-3602-CS-GAY

)

)

 Plaintiff, )

vs. )

)

CHRISTOPHER J. SCHELBERG, )

)

Defendant. )

____________________________________)

ERRATA TO PLAINTIFF’S MOTION TO LIFT STAY ON DISCOVERY

COMES NOW, the Plaintiff, CANDACE SCHELBERG PEZZUTI, by and

through her undersigned counsel, KIRK T. KENNEDY, ESQ., hereby files this

ERRATA to her filed motion for an Order to lift the pending stay on discovery and

allow the case to proceed. 

Plaintiff’s errata deletes an erroneously filed, non-relevant declaration which was

attached to the originally filed motion. 

Case 7:07-cv-03602-CS-GAY Document 22 Filed 08/26/2008 Page 1 of 4
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In support hereof, Plaintiff relies on the following points and authorities.

Dated this 25 day of August, 2008. th

/s/Kirk T. Kennedy 

KIRK T. KENNEDY, ESQ.

Nevada Bar No: 5032

815 S. Casino Center Blvd.

Las Vegas, NV 89101

(702) 385-5534

Attorney for Plaintiff

Admitted Pro Hac Vice

POINTS AND AUTHORITIES

By way of Court Order entered on July 30, 2008, this Court continued an 

existing stay on the commencement of discovery in this case pending the filing by the

Defendant of his contemplated motion to dismiss by August 5, 2008. The Defendant

has failed to file any motion to dismiss. Also, in earlier proceedings in this matter, the

Defendant had requested time to file a motion to dismiss, as well as requesting two

court-ordered continuances to file such a motion, however, the Defendant has failed to

file the motion. 

This Court has repeatedly granted the Defendant time and continuances to file a

motion to dismiss under FRCP Rule 12, however, the Defendant has not filed the

motion despite repeated leave of court. The Court has also maintained a continuous stay

on discovery proceedings and the mandatory conference required by FRCP Rule 26(f)

due to the requests of the Defendant.

Case 7:07-cv-03602-CS-GAY Document 22 Filed 08/26/2008 Page 2 of 4
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Plaintiff seeks to move forward with this matter and would request the Court’s

consideration to lift and remove the existing stay on discovery to allow the parties to file

a proposed scheduling plan and discovery order and commence discovery proceedings in

this case. Discovery needs to move forward and further delays have caused harm to the

Plaintiff’s case preparation and investigation. 

Wherefore, Plaintiff moves the Court to grant this motion and allow discovery to

commence. Additionally, Plaintiff moves the Court to order that any Rule 26(f)

conference may be conducted by telephone between counsel. 

Dated this 25 day of August, 2008. th

___/s/Kirk T. Kennedy 

KIRK T. KENNEDY, ESQ.

Nevada Bar No: 5032

815 S. Casino Center Blvd.

Las Vegas, NV 89101

(702) 385-5534

Attorney for Plaintiff

Admitted Pro Hac Vice

CERTIFICATE OF SERVICE

I hereby affirm that I am employed in Clark County, Nevada for the law firm 

of Kirk T. Kennedy, Esq. and that I am over the age of 18 years and that on the 25 day th

of August, 2008, I served the foregoing Motion upon the Defendant at the address below

by depositing same in the U.S. Mail, postage prepared, first class delivery and by cm/ecf

delivery to:

Mark J. Kurzman, Esq.

275 N. Middletown Road, 2 Fl. nd

Pearl River, NY 10965-1142

____/s/Melisa Roman__________

Employee of Kirk T. Kennedy, Esq.

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