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Racketeer/Corrupt Organization | New York Eastern
Letter
Letter advising court of new authority by Giovanni "John" C. Merlino, William D. Schwitzer, William Schwitzer & Associates, P.C. (Attachments: # 1 Exhibit : Decision in Wingate Case) (Edelstein, Jonathan)
Order on Motion for Pre Motion Conference
ORDER. The Court has reviewed Defendants' letter request for a pre-motion conference regarding Defendants' anticipated motion to dismiss the Complaint (ECF No. 12 .) Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, the Court finds that a pre-motion conference is not necessary at this time and waives the pre-motion conference requirement. The parties shall comply with the following briefing schedule: Defendants shall serve any motion to dismiss by October 23, 2026. Plaintiffs shall amend the complaint or serve on Defendants any opposition to the motion to dismiss by November 13, 2026. It is unlikely that Plaintiffs shall have a further opportunity to amend. If Plaintiffs serve any opposition to the motion to dismiss, Defendants shall serve any reply to the motion to dismiss by November 27, 2026. The parties must consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2.6. Consequently, all briefing shall be filed with the Court no later than November 27, 2026.Within one week of the completion of briefing, Defendants must deliver to Chambers two courtesy copies of Defendants' fully-briefed motion to dismiss, including all parties' briefing and exhibits. Defendants must comply with the Court's Individual Rules regarding for the provision of courtesy copies, Individual Rule 1.3, as well as the following formatting requirements:(1) All binder spines must identify the case name, docket number, and binder's contents. (2) Briefs and factual submissions shall be separated by tabs. (3) Pages shall be printed double-sided.Ordered by Judge Nusrat J. Choudhury on 10/2/2026. (CQTH)
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