Gilman v. Spitzer et al

Filing 18

ENDORSED LETTER addressed to Judge J Paul Oetken from James W Halter dated 11/18/2011 re: Proposed schedule for plaintiff's motion to dismiss counterclaims and defendants' motion for judgment on the pleadings, as further set forth in this document. ENDORSEMENT: Granted. Granted. (Motion due by 11/22/2011. Response due by 12/13/2011, Reply due by 1/6/2012.) (Signed by Judge J. Paul Oetken on 11/21/2011) (cd)

11/18/2011 12 47 FAX

212 687 1505

LIDDLE & ROBINSON, L. L. P.
800 THIRD AVENUE

MEMO ENDORSED

III 002/003

LIDDLE & ROBINSON, LLP

NEW YORK. N Y 10022

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BY FACSIMILE

The Honorable J. Paul Oetken

Umted States District Judge

Southern District of New York

500 Pearl Street

New York, l\ew York 10007

Re:

WIlliam Gilman v Eliot Spitzer and Tl,gSlate Group. LLC, J 1MSg43 CTPO)

Dear Judge Oetken:
We r~presenl the Plaintiff in the above-referenced matter. Plaintiff intends to file a
motion to dismiss the counterclaim that Defendants filed on November 1, 2011. We write to
request an alteration to the hriefing schedule for that motion as well as for Defendants' motion
for Judgment on the pleadings in light of Plaintiffs intended motion. Defendants consent to the
requested changes.
, Plaintiff proposes the following schedule for Plaintiffs motion to dismiss:
• Plaintiff will file a. motion to dismiss Defendants' counterclaim on or before
November 22, 2011 - the date it is due pursuant to Rule 12 of the hderal Rules
of Civil Procedure.
• Deft-mdants will file papers in opposition to Plaintiffs motion to dismiss the
counterclaim on or before December 13, 201 1
• Plaintiff will file reply papers regardinc Plaintiff's motion to dismiss on or before
January 6,2012.

(00458227 v I)

11118/2011 1247 FAX

III 003/003

LIDDLE & ROBINSON, LLP

2126871505

LIDDLE & ROBINSON, L.L.P,

The Honorable J. Paul Oetken

2

November 18,20 II

Local Rule 6,1 (b) would otherwise cause Defendant's opposition and Plaintiffs reply to be due
on December 6,2011 and December 13,2011 respectively,
Plaintiff proposes the following schedule for Defendants' motion for Judgment on the
pleadings:
• Plaintiff will file papers in oppositIOn to Defendants' motion for judgment on the
pleadings on December 13, 2011 rather than the currently scheduled date of
November 23, 2011. This is the same date Defendants' opposition to Plaintiffs
motion to dismiss would he due as discussed above
•

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Defendants wtll file reply papers regarding Defendants' motion for judgment on
the pleadings on January 6, 2012 rather than the currently scheduled date or
December 9, 2011. ThiS is the same datt: Plamtiffs repJy pap<:rs are due
regarding Plaintiffs motion to dismiss.

Plaintiff reserves the right, and intends, to challenge Defendants' motion for judgment on
the pleadings as untimely because the pleadings are not closed pursuant to Rule 12(c) of the
Federal Rules of Civil Procedure.
The parties previously requested an alteration to the bnefing schedule for Defendants'
motion, at the lime contemplated as a motion to dismiss, on October 13, 2011 WhCll the mat1er
was reassigned to Your Honor Plaintiff seeks additional alteration of that scheduk due to the
change in the nature of Defendants' motion, the additional briefing caused by Plaintiffs intended
motion to dismiss Defendants' counterclaim, and the schedule of counsel for the parties.
Thank you lor your consideration.

cc:

Lee Levine. Esq. (by facsimile)
Jay Ward Brown, Esq. (by facsimile)

SO ORDERED:

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