Lovell v. Roberts et al

Filing 47

ORDER with respect to 43 Motion to Dismiss. By March 13, 2025, Defendants shall submit a letter to the Court explaining the basis for the service of a Local Rule 12.1 Notice in this case and clarifying whether Defendants have relied upon writte n materials outside of the pleadings in support of their motion to dismiss. Plaintiffs deadline for responding to the motion to dismiss is extended to April 4, 2025. Defendants' reply papers shall be due April 18, 2025. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 3/10/2025) (ar)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BARBARA J. LOVELL,
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Plaintiff,
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CITY OF NEW YORK, BRONX COUNTY DISTRICT :
ATTORNEY’S OFFICE,
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Defendants.
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24-CV-2873 (JAV)
ORDER

JEANNETTE A. VARGAS, United States District Judge:
On January 22, 2025, Defendants in this case submitted a motion to dismiss the Amended
Complaint pursuant to Rule 12(b)(6). (ECF No. 43). Defendants did not submit any evidentiary
material in support of this motion, and the arguments in their memorandum of law appear to
focus solely on the sufficiency of the pleadings. (ECF No. 44).
Defendants nonetheless filed the Notice to Pro Se Litigants that is required under Local
Rule 12.1, informing Plaintiff that Defendants had relied on written materials outside the
pleadings, and that her failure to file sworn affidavits as required by Rule 56(c) and other
documents might result in the dismissal of her claims. (ECF No. 45).
Plaintiff filed a letter on March 6, 2025, requesting an enlargement of time until March
24, 2025, to prepare her sworn affidavits, which she apparently believes were “court ordered.”
(ECF No. 46).
By March 13, 2025, Defendants shall submit a letter to the Court explaining the basis for
the service of a Local Rule 12.1 Notice in this case and clarifying whether Defendants have
relied upon written materials outside of the pleadings in support of their motion to dismiss.

Plaintiff’s deadline for responding to the motion to dismiss is extended to April 4, 2025.
Defendants’ reply papers shall be due April 18, 2025.
SO ORDERED.
Dated: March 10, 2025
New York, New York

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JEANNETTE A. VARGAS
United States District Judge

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