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MEMORANDUM OF LAW IN SUPPORT

Document CWCapital Investments LLC et al v. CWCapital Colbalt VR Ltd. et al, 652092/2018, 649 (N.Y. Sup. Ct., New York County May. 7, 2024)

CWCapital Cobalt Vr Ltd. (“Cobalt”) respectfully moves, pursuant to CPLR 2004, for an extension of three days to the briefing schedule for Summary Judgment and related motions to exclude expert evidence, because of unforeseen, extenuating personal circumstances on behalf of Cobalt’s counsel.

Despite counsel’s best efforts to manage the situation internally and accommodate the unexpected absence, Cobalt regrets that it is unable to complete its briefing within the current timeframe.

Ordinarily, Cobalt would expect such an extension to be handled as a matter of professional courtesy among experienced trial counsel.1 As soon as possible, Cobalt relayed its difficulty to counsel for CWCapital Investments LLC (“CWCI”) and CWCapital Asset Management LLC (“CWCA,” and together, “CW”), and requested the professional courtesy of an extension of one week to complete the briefing.

1 See CPLR 2004 (Practice Commentaries) (“As a matter of professional courtesy and local custom, attorneys often grant opponents’ requests for extensions of time to perform such acts as serving pleadings or responding to motions and discovery demands when the client’s interests will suffer no adverse effect.” (citing N.Y. Rules of Prof’l Conduct 3.3(f)(1); 22 N.Y.C.R.R., Part 1200 App. A, Standards Of Civility (III)(A))).

Failure to obtain an extension would undeniably prejudice Cobalt, and run counter to New York’s well settled “strong public policy for deciding cases on the merits.” Chen v. Romona Keveza Collection LLC, 208 A.D.3d 152, 160 (1st Dep’t 2022) citing US Bank Nat’l Ass’n v. Richards, 155 A.D.3d 522, 523 (1st Dep’t 2017).

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1032

Document CWCapital Cobalt Vr Ltd. v. CWCapital Investments LLC et al, 653277/2018, 1032 (N.Y. Sup. Ct., New York County May. 2, 2024)

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STIPULATION - OTHER - ( REQUEST TO SO ORDER )

Document CWCapital Investments LLC et al v. CWCapital Colbalt VR Ltd. et al, 652092/2018, 645 (N.Y. Sup. Ct., New York County May. 2, 2024)

Index No. 652092/2018 Justice Andrea Masley Commercial Division Motion Sequence Nos. 18-22 IT IS HEREBY STIPULATED AND AGREED by and between the parties that the following schedule shall apply to this matter:

Oppositions to motions to exclude expert testimony (Mot.

Replies shall be made by June 18, 2024.

The return date for the Motions shall be June 20, 2024, in the Motions Submissions Part, Room 130.

The Motions Clerk is hereby respectfully requested to vacate the “no opposition” designation and restore the Motions to the Submissions Calendar for that date accordingly.

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