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Spatafora v. Town Sports Int'l Holdings, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 31, 2021
Civil Action No.: 1:21-cv-477 (S.D.N.Y. Mar. 31, 2021)

Opinion

Civil Action No.: 1:21-cv-477

03-31-2021

CAROLYN SPATAFORA, Plaintiff, v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC., Defendant.

AKERMAN LLP Massimo F. D'Angelo Partner Akerman LLP 1251 Avenue of the Americas, 37th Floor New York, New York 10020 Telephone: (212) 880-3800 Facsimile: (212) 880-8965 Counsel for Town Sports International Holdings, Inc. LAW OFFICE OF PETER G. GOODMAN, PLLC Peter G. Goodman 30 Broad Street, 37th Floor New York, NY 10004 Tel. (212) 386-7619 E-mail: peter@goodmanpllc.com Attorneys for Plaintiff Carolyn Spatafora


The Clerk shall terminate ECF No. 11. So ordered,
/s/ Hon. Alvin K. Hellerstein
April 2, 2021

MEMORANDUM OF LAW IN SUPPORT OF JOINT MOTION TO ENTER BRIEFING SCHEDULE AND FOR LEAVE TO WITHDRAW MOTION TO DISMISS

Plaintiff Carolyn Spatafora and Defendant Town Sports International Holdings, Inc. ("TSI"), by and through their undersigned counsel, in support of their joint motion for leave to withdraw the pending motion to dismiss (ECF No. 11) and to enter a briefing schedule for a motion to dismiss Plaintiff's first amended complaint (ECF No. 19), state as follows:

1. The original complaint was filed on January 19, 2021. (ECF No. 1).

2. On March 3, 2021, TSI filed a motion to dismiss the complaint (ECF No. 11) and on March 4, 2021, filed a motion to compel arbitration (ECF No. 14).

3. On March 23, 2021, Plaintiff filed an amended complaint (ECF No. 19).

4. The amended complaint raises new allegations not addressed in TSI's motion to dismiss.

5. TSI intends to move to dismiss the first amended complaint.

6. The parties agree and submit that the most efficient course is for TSI to withdraw its pending motion to dismiss, and for the Court to enter a briefing schedule as follows for TSI to file a motion to dismiss the first amended complaint:

a. TSI to file a motion to dismiss on or before April 21, 2021;

b. Plaintiff to file her response on or before May 12, 2021, and

c. TSI to file a reply, if any, on or before May 21, 2021.

7. WHEREFORE, for the reasons stated herein, the parties jointly and respectfully request that the Court grant leave to withdraw the pending motion to dismiss (ECF No. 11) and enter a briefing schedule for a motion to dismiss the first amended complaint as set forth above. Dated: March 31, 2021

New York, New York

AKERMAN LLP By: /s/_________

Massimo F. D'Angelo

Partner

Akerman LLP

1251 Avenue of the Americas, 37

Floor

New York, New York 10020

Telephone: (212) 880-3800

Facsimile: (212) 880-8965 Counsel for Town Sports International
Holdings, Inc.

LAW OFFICE OF PETER G.

GOODMAN, PLLC By: /s/_________

Peter G. Goodman

30 Broad Street, 37 Floor

New York, NY 10004

Tel. (212) 386-7619

E-mail: peter@goodmanpllc.com Attorneys for Plaintiff Carolyn Spatafora

CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing document by using the Court's Electronic Filing (CM/ECF) system on March 31, 2021, and service to all counsel of record was accomplished by that system. Dated: New York, NY

March 31, 2021

/s/_________

Massimo F. D'Angelo


Summaries of

Spatafora v. Town Sports Int'l Holdings, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 31, 2021
Civil Action No.: 1:21-cv-477 (S.D.N.Y. Mar. 31, 2021)
Case details for

Spatafora v. Town Sports Int'l Holdings, Inc.

Case Details

Full title:CAROLYN SPATAFORA, Plaintiff, v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 31, 2021

Citations

Civil Action No.: 1:21-cv-477 (S.D.N.Y. Mar. 31, 2021)