Eldridge v. Greyhound Lines, Inc. et al

Filing 76

MEMO ENDORSED ORDER denying as moot 62 Motion to Dismiss. ENDORSEMENT: This motion is DENIED as moot in light of the filing of the Amended Complaint. The Clerk of Court is respectfully directed to close the motion at Dkt. 62. (Signed by Judge Lorna G. Schofield on 11/14/2023) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------SEAN ELDRIDGE,
Individually, and on behalf of all others
similarly situated,

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:
:
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Plaintiff,
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:
-against:
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GREYHOUND LINES, INC., FLIX SE,
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FLIX NORTH AMERICA, INC.,
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FIRSTGROUP, PLC, FIRSTGROUP
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SERVICES, INC., TWENTY LAKE
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HOLDINGS LLC, and TWENTY LAKE
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MANAGEMENT LLC,
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Defendants.
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:
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Civil Action No.: 23-cv-3727
NOTICE OF MOTION TO DISMISS
COMPLAINT PURSUANT TO FED.
R. CIV. P. 12(B)(2) AND 12(B)(6)
This motion is DENIED as moot in light of the
filing of the Amended Complaint.
The Clerk of Court is respectfully directed to
close the motion at Dkt. 62.
Dated: November 14, 2023
New York, New York

PLEASE TAKE NOTICE that upon the Declaration of Tricia Martinez, dated October
19, 2023, the Declaration of Christy Baker, dated October 19, 2023, the accompanying
Memorandum of Law in Support of Defendant’s Motion to Dismiss the Complaint, dated October
20, 2023, and all pleadings, papers and proceedings previously had herein, Defendant FirstGroup,
PLC (“Defendant” or “FirstGroup”) will move this Court at the United States Courthouse for the
Southern District of New York, 500 Pearl Street, New York, New York 10007, before the
Honorable Lorna G. Schofield, United States District Judge, at a time and date to be designated by
the Court, for an Order, dismissing Plaintiff’s Complaint in its entirety for lack of personal
jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) and failure to state a claim pursuant to Fed. R.
Civ. P. 12(b)(6), and for such other and further relief as the Court deems just, proper and equitable.
PLEASE TAKE FURTHER NOTICE that, pursuant to the parties’ So Ordered briefing
schedule, any opposing affidavits and answering memoranda shall be served by Plaintiff on or before

November 9, 2023; and reply papers, if any, shall be served by the Defendant on or before November
21, 2023.
PLEASE TAKE FURTHER NOTICE that, in the event that this motion is denied, in whole
or in part, Defendant respectfully requests thirty (30) days from docketing of the order to file an Answer
to the Complaint.

Dated: Melville, New York
October 20, 2023

LITTLER MENDELSON, P.C.

By:/s/ Daniel Gomez-Sanchez
Daniel Gomez-Sanchez
Joseph Gusmano
290 Broadhollow Road, Suite 305
Melville, NY 11747
Telephone: [phone]
Facsimile: 631.824.9249
[e-mail]
[e-mail]
Attorneys for Defendant
FirstGroup, PLC
4871-4103-4628.1 / 121655-1001

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