Opinion
21 Civ. 10971(VM)
03-22-2022
ROBERT D. PRESS, Plaintiff, v. PATRICK J. PRIMAVERA, Defendant.
ORDER
VICTOR MARRERO, United States District Judge.
On February 7, 2022, Defendant Patrick J. Primavera filed a letter motion informing the Court that the parties have exchanged correspondence concerning Defendant's anticipated motion to dismiss pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure, and the dispute is now ripe for determination. (See Dkt. No. 15.)
After reviewing the parties' letter exchange (see Dkt. Nos. 1314), the Court agrees that no further briefing is needed, and a conference is not necessary at this time. Instead, the Court is inclined to treat the parties' pre-motion letters as a motion to dismiss on the issue of choice of law. See Kapitalforeningen Lagernes Invest. v. United Techs. Corp., 779 Fed.Appx. 69, 70 (2d Cir. 2019) (affirming the district court ruling deeming an exchange of letters as a fully submitted motion to dismiss). If further briefing becomes necessary, the Court will direct the parties to file additional material.