VIA HAND DELIVERY 

Honorable Richard M. Berman, 1 

Daniel Patrick Moynihan 

United States Courthouse 

500 Pearl Street, Courtroom 14A 

New York, New York 10007 

Re: Angel Vargas, et 

Case No. 1:07-cv 

al. 

-03 

October 5, 2007 

OGLETREE, DEAKINS, NASH, 

SMOAK & STEWART, P.C. 

10 Madison Avenue 

Suite 402 

Morristown, New Jersey 07960 

Telephone: 973.656.1600 

Facsimile: 973.656.161 1 

www.ogletreedeakins.com 

I I DOCUMENT 

ELECTRONICWY FILED 

IIDOC #: 

ati 

343-RN1B 

RSED 

on, Ltd. 

Dear Judge Berman: 

This firm represents Midtown Air Conditioning and Ventilation, Ltd., the defendant in the 

referenced employment discrimination matter. The purpose of this letter is to respectfully 

request a two month extension of the initial four month discovery schedule, as well as a 

continuance of the settlement conference currently scheduled for October 9, 2007. The parties 

first requested an extension of the discovery schedule on September 26, 2007 from Magistrate 

Judge Henry Pitman. However, on October 3, 2007, Magistrate Judge Pitman directed the 

defendant to apply directly to Your Honor because the matter had not been referred to him. 

The instant complaint was filed by plaintiffs Angel Vargas, Bernardo Ramirez, Ryan McKenzie, 

Felix Bonilla, and Simon Norales on April 26, 2007. Defendant filed its answer on May 22, 

2007. On June 5, 2007, the parties appeared before Your Honor for the initial scheduling 

conference. According to the Minute Entry recorded on June 8, 2007, Your Honor ordered that 

discovery is "due by October 9, 2007." Both parties have exchanged discovery requests and 

received initial responses thereto. 

Despite diligent efforts, however, the parties will be unable to complete discovery by October 9, 

2007. There are presently four subpoenas outstanding to third-party witnesses. In addition, 

although plaintiffs have provided documents and interrogatory responses, the parties are 

engaging in efforts to resolve some discovery issues. Defendant is optimistic that these issues 

will be resolved without the need of Your Honor's intervention. Although deposition dates have 

been scheduled previously, depositions have been adjourned pending completion of the written 

discovery process. Thus, the parties have not had an opportunity to depose the key witnesses 

involved in this case. 

Atlanta . Austin . Birmingham . Charleston . Charlotte Chicago Cleveland . Columbia Dallas . Greensboro . Greenville . Houston . Indianapolis . Jackson . Kansas City 

Los Angeles . Memphis . Miami . Morristown . Nashville . Philadelphia . Phoenix . Pittsburgh . Raleigh - San Antonio . St. Thomas . Tampa . Torrance . Tucson . Washington, DC 

A South Carolina Professional Corporation 

Mark Diana . New Jersey Managing Shareholder 

Case 1:07-cv-03343-RMB Document 7 Filed 10/05/2007 Page 1 of 2
Honorable Richard M. Berman, U.S.D.J. 

October 5,2007 

Page 2 

We have contacted counsel for plaintiffs and advised that defendant is requesting a sixty-day 

extension of discovery. Ambrose Wotorson, counsel for plaintiffs, consents to a sixty-day 

extension of the discovery deadline. Accordingly, we respectfully request that the Court adjourn 

the existing discovery end date of October 9, 2007, and set a new discovery deadline of 

December 10.2007. 

Additionally, because the parties believe that the settlement conference will be most productive 

after they have obtained the discovery they require, the parties respectfully request that the Court 

continue the matter to a date near the new discovery deadline. Thank you for your kind 

cocsideration of this request. 

Respectfully Submitted, 

OGLETREE, DEAKINS, NASH, 

Dominick C. Capozzola 

cc: Ambrose Wotorson, Esq. (by facsimile) 

L7*~ 3&4%-., 

Richard M. Buman, U.S.D.J. 

Case 1:07-cv-03343-RMB Document 7 Filed 10/05/2007 Page 2 of 2