Opinion
19 Civ. 9993 (KPF)
10-14-2021
YURI STAROSTENKO and IRINA TSAREVA, Plaintiffs, v. UBS AG (A SWISS BANK) and UBS (BAHAMAS) LTD, Defendants.
ORDER
KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE
The Court is in receipt of pre-motion letters from Defendants UBS (Bahamas) and UBS AG stating Defendants' intention to file motions to dismiss Plaintiffs' Second Amended Complaint. (Dkt. #84 (Bahamas), 87 (AG)). Plaintiffs have filed responsive letters arguing that Defendants' contemplated motions should be denied or, in the alternative, deferred until after a pre-motion conference or trial. (Dkt. #85, 88).
The Court rejects Plaintiffs' three proposed courses of action. First, the Court will not deny Defendants' motions before Defendants have had an opportunity to file them. Second, given the volume and detail of information contained in the parties' submissions, the Court does not believe that a pre-motion conference would be beneficial at this time. And third, the Court will not defer decision on motions that may obviate the need for a trial in this case.
Accordingly, the Court directs the Clerk of Court to unstay this action and sets the following briefing schedule for Defendants' contemplated motions to dismiss:
• Defendants shall file a consolidated motion to dismiss on or before November 12, 2021;
• Plaintiffs shall file their opposition to the consolidated motion, if any, on or before December 10, 2021;
• Defendants shall file a consolidated reply, if any, on or before January 3, 2022.
SO ORDERED.