Vivar v. Apple Inc.

Filing 16

ORDER. In light of recent Second Circuit opinions, the parties are directed to advise the Court whether they consent for the Court to deem the briefing as set forth in the June 24 Order as a fully briefed motion and rule on the basis of the limit ed briefs, or whether the parties request supplemental or full briefing on Apple's motion. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within one week of the date of this order. SO ORDERED. (Signed by Judge Victor Marrero on 8/8/22) (yv)

Case 1:22-cv-00347-VM Document 16 Filed 08/08/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------X
ALEJANDRO VIVAR
:
:
Plaintiff,
:
:
- against :
:
APPLE INC.
:
:
Defendant.
:
--------------------------------------X

22 Civ. 347 (VM)
ORDER

VICTOR MARRERO, United States District Judge.
On

April

13,

2022,

consistent

with

the

Court’s

Individual

Practices, counsel for Apple Inc. (“Apple”) sent counsel for Alejandro
Vivar (“Vivar”) a pre-motion letter identifying alleged deficiencies
in the Complaint that Vivar filed in this action, and that allegedly
would provide a basis supporting a motion to dismiss. (See Dkt. No.
11-1.) On April 20, 2022 also consistent with the Court’s Individual
Practices, counsel for Vivar sent a three-page letter in response,
opposing

the

grounds

that

Apple

stated

in

favor

of

the

proposed

motion. (See Dkt. No. 11-2.) On April 29, 2022, the Court received a
letter from Apple requesting a pre-motion conference and asserting
that the letter exchange did not resolve the dispute, thus failing to
avoid motion practice at this stage of the proceedings. (See Dkt. No.
11.) On June 24, 2022, the Court directed Apple to file a motion to
dismiss limited to five pages in length, (see Dkt. No. 12 (“June 24
Order”)), which Apple did on August 4, 2022. (See Dkt. No. 15.)
In

light

of

recent

Second

Circuit

opinions,

the

parties

are

directed to advise the Court whether they consent for the Court to

Case 1:22-cv-00347-VM Document 16 Filed 08/08/22 Page 2 of 2

deem the briefing as set forth in the June 24 Order as a fully briefed
motion and rule on the basis of the limited briefs, or whether the
parties request supplemental or full briefing on Apple’s motion. If
the parties request supplemental or full briefing, they shall submit a
proposed briefing schedule within one week of the date of this order.

SO ORDERED.
Dated: August 8, 2022
New York, New York
______________________
VICTOR MARRERO
U.S.D.J.