Brual v. Harvey et al

Filing 34

MEMO ENDORSED ORDER denying without prejudice to renew 31 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: Defs.' motion is DENIED without prejudice to renew as premature. Defs. are directed to file all of their papers on the reply date, March 21, 2024, in accordance with this Court's order located at ECF No. 29. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 31. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/6/2024) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BERVIN NELSON BRUAL,
Plaintiffs

2/06/2024
Index #: 7:23-cv-8706
NOTICE OF MOTION TO
DISMISS PLAINTIFF’S
COMPLAINT PURSUANT
TO FED. R. CIV. P.
12(b)(1)

against
RICHARD G. HARVEY, HARVEY FAMILY
CHIROPRACTIC, PHYSICAL THERAPY &
ACUPUNCTURE, PLLC and NORTH
BROADWAY CHIROPRACTIC & PHYSICAL
THERAPY, PLLC
Defendants.
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PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law and
Declaration of Richard G Harvey, all Defendants will move this Court before the Honorable
Nelson S. Roman, U. S. D. J. at the United States Courthouse, 300 Quarropas Street, White
Plains, New York, at a date and time to be set by the court, for an order pursuant to Rule 12(b)(1)
of the Federal Rules of Civil Procedure dismissing Plaintiff’s complaint in its entirety for lack of
subject matter jurisdiction and for such other relief as this Court may deem just and proper.
Dated: Jericho, New York
February 1, 2024
Defs.' motion is DENIED without prejudice to renew as
premature. Defs. are directed to file all of their papers
on the reply date, March 21, 2024, in accordance with
this Court's order located at ECF No. 29. The Clerk of
Court is respectfully directed to terminate the motion
at ECF No. 31.
Dated: February 6, 2024
White Plains, NY

Respectfully submitted,
/s/ Peter M. Birzon
Peter Birzon & Associates, P. C.
400 Jericho Turnpike, Ste 100
Jericho, New York 11743
Tel: [phone]
Email: [e-mail]
Attorneys for the Defendants