Order | Filed: August 24, 2026
| Entered: August 24, 2026
Melwani v. Kiss Nail Products, Inc. et al
Trademark | New York Eastern
Order on Motion to Dismiss for Failure to State a Claim
ORDER denying 18 Motion to Dismiss for Failure to State a Claim with leave to renew.
The Individual Defendants' Motion to Dismiss fails to comply with the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. Local Civil Rule 7.1 requires that all motions include (i) a notice of motion or an order to show cause signed by the Court..., (ii) a memorandum of law, and (iii) supporting affidavits and exhibits. See Local Rule 7.1(a) ("A notice of motion, or an order to show cause signed by the court, which must specify the applicable rules or statutes pursuant to which the motion is brought, and must specify the relief sought by the motion.") Here, the motion filed at ECF No. 18 does not contain a notice of motion. While [a] district court has broad discretion to determine whether to overlook a party's failure to comply with local court rules[,] the Court declines to do so here. Fiedler v. Incandela, 222 F. Supp. 3d 141, 15455 (E.D.N.Y. 2016) (quoting Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 73 (2d Cir. 2001)); Pompey v. 23 Morgan II, LLC, No. 16-CV-2065 (ARR)(PK), 2017 WL 1102772, at *3 (E.D.N.Y. Feb. 13, 2017) ("Courts sometimes overlook a missing notice of motion. But they do so only when a memorandum of law and supporting documents that allow the Court to consider the proposed motion have been filed, either with the original motion or as a supplement.") Indeed, counsel for Defendants also failed to comply with Hon. Gary R. Brown's Individual Practice Rules requiring pre-motion conference letters prior to filing dispositive motions. (See Rule II (g).) Accordingly, the motion is denied with leave to renew and to be refiled by August 28, 2026 in compliance with Local Civil Rule 7.1.
The briefing schedule remains the same as outlined in the undersigned's July 28, 2026 Order, and Plaintiff may rely on the motion at ECF No. 18 for purposes of filing his opposition, due this Friday, August 28, 2026. (See Electronic Order 7/28/2026.)
So Ordered by Magistrate Judge James M. Wicks on 8/24/2026. (JAF)