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AT T OR. E Y S A T L AW
D AN IEL W. COFFEY GAR. Y S. BO W ITC I-I
EMAIL COFFEY@BCALBt\ Y.COM
March 8, 2017
VIACM/ECF
Magistrate Judge Daniel J. Stewart
Northern District ofNew York
445 Broadway - 4th Floor
Albany, NY 12207
The Rule 16 conference is scheduled for March 16, 2017 at 10:00 am. The parties
were to meet and confer and file a proposed CMP by no later March 7, 201 7.
There are four sets of defendants: (a) the NYC Defendants (which my office
represents); (b) the NYS Defendants; (c) the Federal Defendants; and (d) the California
Defendants. The NYC, Federal and California Defendants have all filed pre-answer
motions to dismiss, arguing the court either does not have jurisdiction over the
defendants, the complaint fails to state a cause of action, or both. The motions are
returnable April 6. The time for the NYS Defendants to respond was extended by Judge
Sannes to tomorrow, March 9, 2017. Judge Sannes directed defendants to file briefs as
to March 22, 2017 on the issue of plaintiff's request that a three-judge panel be assigned .
In light of the fact none of the parties has answered the complaint, there are three
motions to dismiss pending (a fourth if NYS Defendants file one), and the Court has
asked that briefs be filed by March 22, we respectfully request that the Rule 16
conference and the requirement that the parties confer and file a proposed CMO be
adjourned until such time as the Court has ruled on the pending threshold motions.
I have conferred with plaintiff Strunk and counsel for the NYS and Federal
Defendants and they join me in this request. I have not heard back from counsel for the
California Defendants. Thank you for your time and attention. If you are in agreement,
we ask that you issue a text order adjourning the March 16 Rule 16 conference.