Forrest v. New York City Housing Authority et al

Filing 36

MEMO ENDORSEMENT denying as moot 22 MOTION to Dismiss Plaintiff's Retaliation Claims in the First Amended Complaint. ENDORSEMENT Request GRANTED in part. The Court will permit the parties to submit briefing on the motion to dismiss regardi ng the Second Amended Complaint. In order to consolidate briefing papers and ensure all arguments and citations accurately reflect the operative pleading, however, the parties shall refile their motion papers rather than filing supplemental letter- briefs. Accordingly, the Court will DENY the motion to dismiss as moot. Defendants shall file their motion to dismiss the Second Amended Complaint by January 20, 2023. Plaintiff shall file their opposition by January 27, 2023. Defendants shall file any reply by February 3, 2023. The Clerk of Court is respectfully directed to terminate ECF No. 22. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/17/2023) (jca)

Case 1:22-cv-06480-JLR Document 36 Filed 01/17/23 Page 1 of 2

January 13, 2023
Via ECF
Hon. Jennifer L. Rochon
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Forrest v New York City Housing Authority, et al.;
Case No. 1:22-cv-06480 (JLR)

Dear Judge Rochon:
We represent Plaintiff Tracy L. Forrest in the above-referenced action.
We write on behalf of all parties to the litigation to inform the Court that Defendants have
consented to Plaintiff’s filing a Second Amended Complaint, which we will do today, attaching a
redline showing the changes to the Amended Complaint (ECF No. 18) as an exhibit per the
Court’s Rules.
In accordance with Your Honor’s suggestion at the December 15, 2022, preliminary
conference, rather than Defendants filing a new motion to dismiss Plaintiff’s retaliation claims
(“Motion to Dismiss”) as a result of the filing of the Second Amended Complaint, the parties
respectfully propose the following:
1. Defendants may by no later than January 20, 2023, file a letter-brief of no more than five
pages regarding the impact, if any, of the new allegations in the Second Amended
Complaint on their Motion to Dismiss, which is presently fully briefed and before Your
Honor (see ECF Nos. 22-24, 27-28);
2. Plaintiff may file an opposition letter-brief of no more than five pages by or before
January 27, 2023; and
3. Defendants may file a reply letter-brief, if any, of no more than five pages by or before
February 3, 2023.
The parties respectfully request that the Court so order the letter-briefing schedule
described above.
The parties further stipulate that, in light of the proposed arrangement above, Defendants’
presently pending Motion to Dismiss shall constitute a responsive pleading to the Second
Amended Complaint, and Defendants may file their answer to the Second Amended Complaint
within 14 days of the Courts’ decision on the Motion to Dismiss, in accordance with Federal
Rule of Civil Procedure 12(a)(4).

Case 1:22-cv-06480-JLR Document 36 Filed 01/17/23 Page 2 of 2

January 13, 2023
Page 2
Please do not hesitate to contact the parties in the event the Court wishes to discuss this
matter further.
Respectfully submitted,

Edward Hernstadt
cc:

All counsel of record (via ECF)

Request GRANTED in part. The Court will permit the parties to submit briefing on the motion
to dismiss regarding the Second Amended Complaint. In order to consolidate briefing papers
and ensure all arguments and citations accurately reflect the operative pleading, however, the
parties shall refile their motion papers rather than filing supplemental letter-briefs.
Accordingly, the Court will DENY the motion to dismiss as moot. Defendants shall file their
motion to dismiss the Second Amended Complaint by January 20, 2023. Plaintiff shall file
their opposition by January 27, 2023. Defendants shall file any reply by February 3, 2023.
The Clerk of Court is respectfully directed to terminate ECF No. 22.
Dated: January 17, 2023
New York, New York