Opinion
Case No. 06-CV-876 (FB) (KAM).
March 21, 2007
For Plaintiffs: MICHAEL L. WEISBERG, ESQ., South Brooklyn Legal Services, Brooklyn, NY.
For the Defendants: ROSLYNN R. MAUSKOPF, ESQ., United States Attorney, By: ZACHARY A. CUNHA, ESQ., Brooklyn, NY.
ORDER
On consent of the parties, the claims of plaintiffs Yvette Spady and Mosetta Morehead are withdrawn. For the reasons stated in open court on March 21, 2007, defendants' motion to dismiss the claims of the remaining plaintiffs pursuant to Fed.R.Civ.P. 12(b)(1) and Fed.R.Civ.P. 12(b)(6) is denied.
The parties agree that the issue presented is a pure question of law. Defendants' motion is therefore converted to one for summary judgment pursuant to Fed.R.Civ.P. 12(c). The parties shall be afforded 20 days for additional submissions, at which time the motion shall be deemed filed.