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Case 1:10-cv-08858-RMB-MHD Document 152 Filed 09/06/12 Page 1 of 2

DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP

ATIORNEYS AT LAW

ONE ATLANTIC STREET
STAMFORD, CT 06901

TELEPHONE: (203) 358-0800
FACSIMILE:
(203) 348-2321

USDC SDN¥Ww,DMoc.coM
DOCUMENT
ELECTRONICALLY FILED
DOC #:____--:--__
DATE FILED: 1('/~'1.

35 MASOi\ STREET

GREENWICH, cr 06830


TELEPHONE: (203) 622-4100

MATTHEWC. WAGNER
Admitted in CT, NY, MA and DC
CT Direct Dial: 203-569-1195
mwagner®dmoc.com

Reply to: Stamford Office

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1O'h FLOOR

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TELEPHOl'E: (914) 684-0090


Via Federal Express
Honorable Richard M. Berman
United States District Court
Southern District of New York
40 Centre Street, Courtroom 706
New York, 1'.'Y 10007

5 September 2012

MEMO ENDORSED,,,­

Re:

Archie Comic Publications, Inc. v. Kenneth Penders, II a/k/a Ken Penders
Civil Action No. 1O-cv-8858 (lUvfB)

Our File:

27262.1

Dear Judge Berman:

This firm represents Plaintiff Archie Comic Publications in the above referenced matter.

This letter is written joindy on behalf of Plaintiff and Defendant Ken Penders.

On August 8, 2012 Your Honor referred this matter to the Southern District Alternative
Dispute Resolution Program for mediation, and converted the pretrial conference to a status
conference on September 10,2012, at 10 AM. D.E.151.

Mediation has not yet been scheduled, due to various scheduling issues and the Labor Day
holiday. Counsel has a phone conference scheduled with the mediator on September 6, 2012, to
discuss scheduling and procedural matters. As such, there will be litde to report to the Court at the
status conference presendy scheduled for September 10,2012.

Compounding matters, your undersigned counsel, Mr. Wagner, now has a scheduling
conflict for September 10, 2012, and must be in Florida for another matter on that date.
Additionally, counsel for Mr. Penders is scheduled for another matter, also in Florida, from
September 17,2012 until September 21, 2012.

All counsel have conferred on the present application, and have consented to this request.

The parties are all available to reschedule this status conference on any day, at any time, during the

week of September 24.


Case 1:10-cv-08858-RMB-MHD Document 152 Filed 09/06/12 Page 2 of 2

Pursuant to Your Honor's Individual Rule 1 (E), the parties provide the following

infonnation:

(1)
(2)
(3)
(4)

the original date for this status conference is September 10,2012;
this is the first request for adjournment of this conference;
not applicable; and
this request for adjournment is on consent of all parties to the action.

Accordingly, the parties hereby request that the Court adjourn the status conference
presently scheduled for September 10,2012, at 10 AM, to a new date during the week of September
24,2012.

Thank you for your consideration.

Very truly yours,

Matthew C. Wagner

MCW/

Cc: Phil Daman, counsel for Defendant, via email


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SO ORDERTD:

Date: V~..1t. ,;:~~If. ~.,


Richard M. Berman, U.S.DJ.

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