Barton et al v. Northeast Transport, Inc. et al
ORDER denying without prejudice 14 Motion to Dismiss. The Motion is DENIED without prejudice for failure to comply with the Court's Individual Rules. The Clerk of Court is respectfully requested to terminate the pending motion. So Ordered. (Signed by Judge Kenneth M. Karas on 6/7/21) (yv)
Case 7:21-cv-00326-KMK Document 14 Filed 06/04/21 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CATHERINE BARTON AND ZACHARY ZAITZEFF,
Case No.: 7:21-cv-00326-KMK
MOTION TO DISMISS
-againstNORTHEAST TRANSPORT, INC. AND LAND-AIR
EXPRESS OF NEW ENGLAND, LTD.,
PLEASE TAKE NOTICE that, upon defendant, NORTHEAST TRANSPORT, INC.’s
(“Northeast”), accompanying Memorandum of Law in Support of Defendant Northeast
Transport Inc.’s Motion to Dismiss Plaintiffs’ Complaint, the Declaration of Jennifer Hurley
McGay in Support of Defendant Northeast Transport Inc.’s Motion to Dismiss Plaintiffs’
Complaint with annexed exhibits, and upon all of the pleadings, papers and proceedings
heretofore had herein, Northeast will move this Court before the Honorable Judge Kenneth M.
Karas, at the United States Courthouse at 300 Quarropas Street, White Plains, New York 10601,
at a date and time designated by the Court, to dismiss plaintiffs’ complaint in its entirety with
prejudice pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil or, in the
alternative, dismissing or striking Plaintiffs’ demands for punitive and consequential damages..
PLEASE TAKE FURTHER NOTICE that opposition to this motion is due on or
before June 18, 2021, and any reply is due on or before June 25, 2021.
Case 7:21-cv-00326-KMK Document 14 Filed 06/04/21 Page 2 of 2
Dated: Islandia, New York
June 4, 2021
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
Northeast Transport, Inc.
One CA Plaza, Suite 225
Islandia, New York 11749
Jennifer Hurley McGay
Catherine Barton and Zachery Zaitzeif
Pro Se Plaintiffs
P.O. Box 593
Millbrook, New York 12585
The Motion is DENIED without
prejudice for failure to comply with the
Court's Individual Rules. The Clerk of
Court is respectfully requested to
terminate the pending motion.
White Plains, NY
June 7, 2021
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