Pierre v. City Of New York

S.D. New York

Pierre v. City Of New York

DecidedJanuary 5, 2021

Docket1:20-cv-05116

StatusUnknown

This text of Pierre v. City Of New York (Pierre v. City Of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pierre v. City Of New York, (S.D.N.Y. 2021).

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DOCUMENT Ao NESE noe UNITED STATES DISTRICT COURT Bare ATED: IST BURBRAN PIERRE, on behalf of himself and others similarly situated, Plaintiff, 1:20-cv-05116 (ALC) -against- Order CITY OF NEW YORK, ET AL., Defendants.

ANDREW L. CARTER, JR., United States District Judge: On November 17, 2020, the Court held a telephone pre-motion conference with the parties. ECF No. 50. The Court ordered Defendants to submit the Participation Agreement referenced in their pre-motion conference letter and for the parties to file a joint status report addressing their respective positions as to whether it was properly considered at this stage of the litigation. /d. Defendants filed their respective Participation Agreements on November 19, 2020 and the parties filed the requested joint status report on December 1, 2020. ECF Nos. 52, 55. The Court concludes that the Participation Agreements are “integral” to the Complaint and will thus consider them at the motion to dismiss stage. See, e.g., Ocampo v. 455 Hosp. LLC, No. 14-cv-9614, 2016 WL 4926204 at *3 (S.D.N.Y. Sept. 15, 2016) (‘A court may . . . consider a document ‘where the complaint relies heavily upon its terms and effect, [which] render[s] the document integral to the complaint.’”) (quoting DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 @d Cir. 2010)). The Complaint relies heavily upon the effects of the Participation Agreements, which govern the relationship between the Vendor Defendants and the NYPD.

Defendants are granted leave to file a motion to dismiss according to the following briefing schedule: e Opening brief: January 26, 2021 e Opposition brief: February 9, 2021 e Reply brief: February 16, 2021 As discussed at the November 17 conference, Defendants will have 45 pages for their opening brief, Plaintiff will have 45 pages for their opposition brief and Defendants will have 15 pages for their reply brief.

SO ORDERED. [Arado 7 (he Dated: January 5, 2021 New York, New York ANDREW L. CARTER, JR. United States District Judge

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DOCUMENT Ao NESE noe UNITED STATES DISTRICT COURT Bare ATED: IST BURBRAN PIERRE, on behalf of himself and others similarly situated, Plaintiff, 1:20-cv-05116 (ALC) -against- Order CITY OF NEW YORK, ET AL., Defendants.

ANDREW L. CARTER, JR., United States District Judge: On November 17, 2020, the Court held a telephone pre-motion conference with the parties. ECF No. 50. The Court ordered Defendants to submit the Participation Agreement referenced in their pre-motion conference letter and for the parties to file a joint status report addressing their respective positions as to whether it was properly considered at this stage of the litigation. /d. Defendants filed their respective Participation Agreements on November 19, 2020 and the parties filed the requested joint status report on December 1, 2020. ECF Nos. 52, 55. The Court concludes that the Participation Agreements are “integral” to the Complaint and will thus consider them at the motion to dismiss stage. See, e.g., Ocampo v. 455 Hosp. LLC, No. 14-cv-9614, 2016 WL 4926204 at *3 (S.D.N.Y. Sept. 15, 2016) (‘A court may . . . consider a document ‘where the complaint relies heavily upon its terms and effect, [which] render[s] the document integral to the complaint.’”) (quoting DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 @d Cir. 2010)). The Complaint relies heavily upon the effects of the Participation Agreements, which govern the relationship between the Vendor Defendants and the NYPD.

Defendants are granted leave to file a motion to dismiss according to the following briefing schedule: e Opening brief: January 26, 2021 e Opposition brief: February 9, 2021 e Reply brief: February 16, 2021 As discussed at the November 17 conference, Defendants will have 45 pages for their opening brief, Plaintiff will have 45 pages for their opposition brief and Defendants will have 15 pages for their reply brief.

SO ORDERED. [Arado 7 (he Dated: January 5, 2021 New York, New York ANDREW L. CARTER, JR. United States District Judge

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