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Civil Rights: Other | New York Western
Order on Motion to Strike
TEXT ORDER denying 10 Motion to Strike. In Plaintiff's opposition to Defendant Schroeder's motion to dismiss, ECF No. 8, he requests that the Court deny the motion "in its entirety or alternatively strike the motion as unauthorized and improperly filed...." ECF No. 10 at 4. Plaintiff does not provide any argument or legal authority to support striking the motion to dismiss without considering the merits thereof. Cf. Powell v. 34 Endeavor Hosp., LLC, No. 24-CV-6620 (JGLC) (KHP), 2025 WL 2346801, at *3 (S.D.N.Y. July 7, 2025), report and recommendation adopted, No. 24-CV-6620 (JGLC) (KHP), 2025 WL 2345878 (S.D.N.Y. Aug. 13, 2025) (denying pro se plaintiff's motion to strike defendant's motion to dismiss where plaintiff argued the motion was untimely). The Court will address the merits of Defendant Schroeder's and the other Defendants' motions to dismiss, ECF Nos. 8, 9, 11, in a forthcoming decision and order and DENIES Plaintiff's request to simply strike Defendant Schroeder's motion. SO ORDERED. Signed by Hon. Meredith A. Vacca on 9/30/26. (NWA)
This was mailed to: Plaintiff.
Set Motion and R&R Deadlines/Hearings
SCHEDULING NOTICE as to 234 MOTION for Discovery and 233 MOTION for Discovery DISCOVERY DISPUTE.
Responses due by 10/9/2026. Motion Hearing set for 10/15/2026 01:00 PM in Allegany Courtroom, 6th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Michael J. Roemer. (RAZ)
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