ONE MANHATTAN WEST 30TH FLOOR NEW YORK, NY 1000! (212) 735-3000 212735 2129 917777 2129 MI KAL_ DAVIS-WEST@ PROBONOLAW.COM Application granted. Plaintiff may file any motions in limine by 3/3/2023. Opposition thereto shall be filed by 3/10/2023. SO ORDERED. vA ECE Ci Philip M. Halpern “ye ited States District Jud Honorable Philip M. Halpern United States District Judge United States District Court for the —|Dated: White Plains, New York Southern District of New York January 24, 2023 300 Quarropas Street, Room 630 White Plains, NY 10601 RE: Keesh v. Franco, No. 19-8942 Dear Judge Halpern: We write on behalf of plaintiff Tyheem Keesh in the above-referenced action, pursuant to Rule 1(C) of Your Honor’s Individual Practices and Rules, to respectfully request permission to file motions in limine by March 3, 2023. Defendant opposes this request because the deadline to file motions in limine has already passed. Pursuant to Your Honor’s August 11, 2022 Order (ECF No. 112), motions in limine were due by November 14, 2022, which is before the time we were retained as pro bono counsel. On September 8, 2022, Your Honor issued an Order granting Mr. Keesh’s request for pro bono counsel, in part to achieve a “quicker and more just January 23, 2023 Page 2 result by sharpening the issues and shaping examination.” (ECF No. 116.) On November 21, 2022, after the deadline to file motions in limine, we were engaged as pro bono counsel. Given that we did not represent Mr. Keesh until one week after the November 14 deadline, we did not have the opportunity to submit any motions on behalf of our client, and the lack of any motions in limine filed on behalf of Mr. Keesh would unnecessarily prejudice him. Courts in this Circuit have often extended deadlines after the appointment of pro bono counsel. See, e.g., Nelson v. Gleason, No. 14-870, 2018 WL 1569381, at *2 (W.D.N.Y. Mar. 29, 2018) (re-opening discovery after the appointment of pro bono counsel); Askew v. Rigler, 130 F.R.D. 26, 27 (S.D.N.Y. 1990) (extending discovery deadline following the appointment of pro bono counsel). Mr. Keesh has not previously requested any extensions to this deadline. Moreover, Defendant would not suffer prejudice as trial has been set for July 10, 2023, almost six months from now and more than four months after the date upon which we request to file any motions in limine. Respectfully submitted, /s/ Mikal Davis-West Mikal Davis-West cc: All counsel of record (via ECF)