Koschitzki v. Apple Inc. et al

Filing 40

Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda by Avi Koschitzki. (Attachments: # 1 Memorandum in Support of Motion to Strike the Declaration of Richard Nagareda, # 2 Certificate of Service) (Reich, Mark)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK AVI KOSCHITZKI, on Behalf of Himself and ) all Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) APPLE INC. and AT&T MOBILITY INC., ) ) Defendants. ) )

Civil Action No. 1:08-cv-04451-JBW-VVP

PLAINTIFF'S NOTICE OF MOTION TO STRIKE THE DECLARATION OF RICHARD NAGAREDA

PLEASE TAKE NOTICE THAT, upon all prior proceedings and the accompanying Memorandum of Law, dated January 8, 2009, Plaintiff Avi Koschitzki will respectfully move this Court, before the Honorable Jack B. Weinstein, U.S.D.J., at the United States Courthouse located at 225 Cadman Plaza East, Brooklyn, New York, on a date and time to be determined by the parties in accordance with Court's schedule or otherwise as the Court determines, and prior to or simultaneously with the determination of Defendant AT&T Mobility Inc.'s ("AT&T") Motion to Compel Arbitration and Dismiss Claims, for an Order striking the Declaration of Richard Nagareda that AT&T submitted in support of its Motion (filed as Docket Entry #22), together with such other, further or different relief that this Court deems just and proper. DATED: January 8, 2009 Respectfully Submitted, RIGRODSKY & LONG, P.A. /s/ Mark S. Reich Mark S. Reich Joseph Russello 585 Stewart Avenue, Suite 304 Garden City, NY 11530 Tel.: [phone] Fax: [phone]

Seth D. Rigrodsky Brian D. Long 919 N. Market Street, Suite 980 Wilmington, DE 19801 Tel.: [phone] Fax: [phone] Counsel for Plaintiff OF COUNSEL: STEIN FARKAS & SCHWARTZ LLP Aaron M. Stein Joshua Farkas 1639 E. 13th Street Brooklyn, NY 11229 Tel.: [phone] Fax: [phone]

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