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Lewy v. Am. Honda Fin. Corp.

United States District Court, S.D. New York
Dec 16, 2021
1:21-cv-10196 (PGG) (SDA) (S.D.N.Y. Dec. 16, 2021)

Opinion

1:21-cv-10196 (PGG) (SDA)

12-16-2021

Chaim Lewy, Plaintiff, v. American Honda Finance Corporation, Defendant.


ORDER

STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:

In Defendant's Brief in support of its motion to dismiss (Def.'s Br., ECF No. 6-1), Defendant refers to matters outside the pleadings. Accordingly, no later than December 23, 2021, Defendant shall file and serve the notice required by Local Civil Rule 12.1, since the Plaintiff in this case is pro se.

For example, there is discussion in Defendant's Brief of certain terms of a Motor Vehicle Lease Agreement and an Easy Pay Agreement (see Def.'s Br. at 1; see also Def.'s Br. at 5), in circumstances where Plaintiff's Complaint only vaguely refers to a “contractual agreement to which Plaintiff authorized Defendant to bill payments to Plaintiff[] monthly, ” and does not set forth any other terms of such agreement. (See Compl., ECF No. 1-1, ¶ 8.) In addition, the Court notes that Defendant's Notice of Motion refers to a “Certification of Dafney Dubuisson Stokes.” (Def.'s Not. of Mot., ECF No. 6.) However, aside from a Certificate of Service signed by Ms. Stokes, no “Certification of Dafney Dubuisson Stokes” has been filed.

In addition, if there is a separate “Certification of Dafney Dubuisson Stokes” that has yet to be filed, such Certification shall be filed and served no later than December 23, 2021.

Based on the foregoing, the dates set forth in the Court's previous Order (12/15/21 Order, ECF No. 9) regarding the briefing schedule for Defendant's Motion to Dismiss are hereby extended, as follows: Plaintiff shall file any opposition to Defendant's motion no later than January 21, 2022, and Defendant shall file any reply no later than February 11, 2022.

The Clerk of the Court is respectfully requested to mail this Order and the Court's previous Order (ECF No. 9) to Plaintiff at the address indicated on the docket.

SO ORDERED.


Summaries of

Lewy v. Am. Honda Fin. Corp.

United States District Court, S.D. New York
Dec 16, 2021
1:21-cv-10196 (PGG) (SDA) (S.D.N.Y. Dec. 16, 2021)
Case details for

Lewy v. Am. Honda Fin. Corp.

Case Details

Full title:Chaim Lewy, Plaintiff, v. American Honda Finance Corporation, Defendant.

Court:United States District Court, S.D. New York

Date published: Dec 16, 2021

Citations

1:21-cv-10196 (PGG) (SDA) (S.D.N.Y. Dec. 16, 2021)