Opinion
7:23-cv-08455-NSR
01-18-2024
MEGAN E. FAY, Plaintiff, v. MARY BARBERA, THEODORE BROVARSKI, and COUNTY OF ROCKLAND, Defendants.
LIPPES MATHIAS LLP AMY HABIB RITTLING, ESQ. ATTORNEY FOR DEFENDANTS MARY BARBERA, THEODORE BROVARSKI, AND COUNTY OF ROCKLAND
LIPPES MATHIAS LLP AMY HABIB RITTLING, ESQ. ATTORNEY FOR DEFENDANTS MARY BARBERA, THEODORE BROVARSKI, AND COUNTY OF ROCKLAND
DEFENDANTS' NOTICE OF MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) AND MOTION TO STAY DISCOVERY PURSUANT TO FED. R. CIV. P. 26(c)
HON. NELSON S. ROMAN JUDGE
Defendants, by and through their attorneys, Lippes Mathias LLP, hereby move this Court for an Order dismissing the Causes of Action and Prayer for Relief, with prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(6) and staying discovery pending the resolution of Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 26(c). This Motion is based upon the accompanying Declaration of Amy Habib Rittling, Esq. and Memorandum of Law. Please be advised that Defendants intend to file a Reply to any Response submitted by Plaintiff.
WHEREFORE, Defendants respectfully request that this Court grant their Motion and dismiss the aforementioned Causes of Action with prejudice, and stay discovery pending the resolution of Defendants' motion to dismiss, together with any other and further relief this Court deems necessary and proper.
Defendants' motion is DENIED without prejudice to renew. Defendants are directed to the Court's Memorandum Endorsement dated December 4, 2023, located at ECF No. 22. All papers are to be filed on the reply date, March 18, 2024. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 23.
SO ORDERED: