Robb v. Brewster

Full title: JOSEPH ROBB, Plaintiff, v. JOSEPH BREWSTER, CITY OF POUGHKEEPSIE POLICE…

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

Date published: Sep 13, 2022

7:22-cv-4301 (NSR) (S.D.N.Y. Sep. 13, 2022)

Opinion

7:22-cv-4301 (NSR)

09-13-2022

JOSEPH ROBB, Plaintiff, v. JOSEPH BREWSTER, CITY OF POUGHKEEPSIE POLICE DEPARTMENT and CITY OF POUGHKEEPSIE, Defendants.

McCABE & MACK LLP David L. Posner Attorneys for Defendants TO: PAMELA GABIGER, ESQ. Attorney for Plaintiff

HON. NELSON S ROMAN UNTTED STATES DISTRICT JUDGE

McCABE & MACK LLP

David L. Posner Attorneys for Defendants

TO: PAMELA GABIGER, ESQ. Attorney for Plaintiff

MEMORANDUM ENDORSEMENT

HON. NELSON S ROMAN UNTTED STATES DISTRICT JUDGE

Despite the Court's clearly delineated briefing schedule set forth in ECF No. 4, Defendant City of Poughkeepsie has failed to follow the Court's instructions and has filed its motion to dismiss moving papers and its reply memorandum prematurely. Defendant's motion to dismiss is DENIED without prejudice for failure to follow the Court's instructions.

As set forth in the Court's Order dated June 16, 2022 (ECF No. 4), the motion to dismiss briefing schedule is as follows: (1) Defendant's moving papers were to be served (not filed) on August 1, 2022; (2) Plaintiff's opposition papers are to be served (not filed) on September 15, 2022; and Defendant's reply papers are to be served on October 3, 2022. All motion papers are to be filed by the parties on reply date October 3, 2022. Defendant shall re-file its motion papers on October 3, 2022, as instructed.

The Clerk of Court is respectfully directed to terminate the motion at ECF No. 8.

NOTICE OF MOTION

S I R (S):

PLEASE TAKE NOTICE, that upon the annexed affidavit of David L. Posner, Esq., the attached exhibits, and memorandum of law, defendants will move for an order dismissing plaintiff's complaint for failure to state a claim and because it is barred by the statute of limitations, said motion to be heard before this Court at the courthouse located at 300 Quarropas Street, White Plains, New York.

PLEASE TAKE FURTHER NOTICE, that pursuant to the Court's scheduling order plaintiff's opposition papers shall be served, not filed on September 15, 2022, and defendants' reply papers shall be served on October 3, 2022 on which date all motion papers are to be filed.