Perry et al v. New York State Athletic Commission et al

Filing 31

ORDER re: 24 MOTION to Dismiss Amended Complaint. filed by New York State Athletic Commission, Anthony Giardina, Kim Sumbler, New York State Department of State, 26 MOTION to Dismiss Amended Complaint. filed by New York State Athletic Commission, Anthony Giardina, Kim Sumbler, New York State Department of State. IT IS HEREBY ORDERED THAT: 1. Defendants' motion to dismiss is dismissed as moot. 2. Defendants' motion to dismiss the Second Amended C omplaint is due by October 8, 2021. Plaintiffs' opposition is due by November 5, 2021. Defendants reply is due by November 19, 2021. The Clerk of Court is directed to close the motions at docket entries 24 and 26. SO ORDERED., Motions due by 10/8/2021., Responses due by 11/5/2021, Replies due by 11/19/2021. (Signed by Judge Valerie E. Caproni on 9/7/2021) (rj)

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Case 1:21-cv-01967-VEC Document 31 Filed 09/07/21 Page 1 of 1 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 9/7/2021 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X DOROTHEA PERRY, JEAN SEME individually : on their own behalf and on behalf of similarly : : situated former and current employees, : Plaintiffs, : : -against: NEW YORK STATE ATHLETIC COMMISSION,: KIM SUMBLER, EXEC, DIR., NEW YORK : STATE DEPARTMENT OF STATE AND : ANTHONY GIARDINA, : : Defendants. : -------------------------------------------------------------- X 21-cv-1967 (VEC) ORDER VALERIE CAPRONI, United States District Judge: WHEREAS on August 11, 2021, Defendants moved to dismiss Plaintiffs’ amended complaint (Dkts. 24, 26); WHEREAS on September 3, 2021, Plaintiffs filed a Second Amended Complaint (Dkt. 30); IT IS HEREBY ORDERED THAT: 1. Defendants’ motion to dismiss is dismissed as moot. 2. Defendants’ motion to dismiss the Second Amended Complaint is due by October 8, 2021. Plaintiffs’ opposition is due by November 5, 2021. Defendants’ reply is due by November 19, 2021. The Clerk of Court is directed to close the motions at docket entries 24 and 26. SO ORDERED. Date: September 7, 2021 New York, New York _______________________ VALERIE CAPRONI United States District Judge

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