United States District Court, Southern District of New York
April 28, 2003
EMPIRE STAT, INC. ET AL., DEFENDANTS.
The opinion of the court was delivered by: Laura Taylor Swain, United States District Judge
The Court has received a notice of motion to dismiss by Defendants. The papers do not include a certification pursuant to Rule 1.A.1. of the Individual Practices Rules of the undersigned. That Rule provides:
Informal efforts to resolve issues required. Prior to
making any motion, and prior to requesting a
conference on any discovery issues, the parties shall
use their best efforts to resolve informally the
matters in controversy. Such efforts shall include,
but need not be limited to, an exchange of letters
outlining their respective legal and factual positions
on the matters and at least one telephonic or
in-person discussion of the matters. The movant, or
party requesting a discovery conference, shall include
in its motion papers or written request a
certification that it has used its best efforts to
resolve informally the matters raised in its
The Court finds that such prior communication is often useful in facilitating settlement, consensual resolution of the subject matter of the motion or, at a minimum, narrowing of issues presented for decision by the Court. It is hereby ORDERED, that the above-referenced motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party shall be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York.
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