Rubenstein v. Urban One, Inc. et al

Filing 13

ORDER: Having reviewed the parties' pre-motion letters, dated March 19, 2021 and March 24, 2021, the Court has determined that defendants may bring their motion without the necessity of a pre-motion conference. Plaintiff is reminded that if, consistent with Rule 11, he can assert additional allegations to cure any alleged deficiencies raised by defendants' letter, it would be in the best interest of both the parties and the Court for plaintiff to assert them now, before briefing on the proposed motions. Plaintiff is thus granted leave to file an amended complaint within two weeks of this Order. At that time, if no amended complaint has been filed, the parties shall brief the motion in accordance with the agreed-to briefing schedule proposed in defendants' letter. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/01/2021) (ama)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------X MARK RUBENSTEIN, Plaintiff, - against ALFRED C. HIGGINS, and URBAN ONE, INC., ORDER 20 Civ. 11128 (NRB) Defendants. ------------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE Having reviewed the parties’ pre-motion letters, dated March 19, 2021 and March 24, 2021, the Court has determined that defendants may bring their motion without the necessity of a premotion conference. Plaintiff is reminded that if, consistent with Rule 11, he can assert additional allegations to cure any alleged deficiencies raised by defendants’ letter, it would be in the best interest of both the parties and the Court for plaintiff to assert them now, before briefing on the proposed motions. Plaintiff is thus granted leave to file an amended complaint within two weeks of this Order. At that time, if no amended complaint has been filed, 1 the parties shall brief the motion in accordance with the agreedto briefing schedule proposed in defendants’ letter. SO ORDERED. Dated: New York, New York April 1, 2021 _ NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE 2

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