Vivar v. Apple Inc.

Filing 24

ORDER Accordingly, the Court directs the parties to advise whether they consent for the Court to deem the pre-motion letters to constitute a fully briefed motion to dismiss the First Amended Class Action Complaint and rule on the basis of the lim ited briefs or whether the parties request supplemental or full briefing. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within two (2) weeks of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 11/21/2022) (jca)

Case 1:22-cv-00347-VM Document 24 Filed 11/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/21/2022

ALEJANDRO VIVAR, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY
SITUATED,

22-cv-0347 (VM)
ORDER

Plaintiff,
- against APPLE, INC.,
Defendant.

VICTOR MARRERO, United States District Judge.
The Court has reviewed the pre-motion letters exchanged
by the parties regarding Defendant’s anticipated motion to
dismiss the First Amended Class Action Complaint and is not
persuaded that a pre-motion conference is necessary at this
time. (See Dkt. No. 23.)
Accordingly, the Court directs the parties to advise
whether they consent for the Court to deem the pre-motion
letters to constitute a fully briefed motion to dismiss the
First Amended Class Action Complaint and rule on the basis of
the

limited

supplemental

briefs
or

full

or

whether

briefing.

If

the
the

parties
parties

request
request

supplemental or full briefing, they shall submit a proposed
briefing schedule within two (2) weeks of the date of this
Order.

Case 1:22-cv-00347-VM Document 24 Filed 11/21/22 Page 2 of 2

SO ORDERED.
Dated:

21 November, 2022
New York, New York