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