UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
February 16, 2010
BARBARA SEIDE, PRO SE PLAINTIFF,
LAIDLAW TRANSIT, INC. AND UNION (LOCAL 1181), DEFENDANTS.
The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge
The Court has received Defendant First Student's*fn1 letter motion [DE 29] to dismiss this action for failure to prosecute. At the outset, the Court notes that such an application cannot be made by letter motion. Rather, a motion to dismiss must be made by formal motion, on notice, under the Federal Rules of Civil Procedure. Accordingly, Defendant's letter motion is denied, without prejudice. A telephone conference is set for March 1, 2010 at 11:00 a.m. to address the issues raised in Defendant's letter motion. Prior to the conference, counsel for Defendant is directed to contact Plaintiff to set up the arrangements for the conference call. Plaintiff is directed to cooperated with Defendant's counsel in carrying out these arrangements. At the designated date and time, counsel for Defendant is directed to initiate the call to Chambers, with Plaintiff on the line, at (631) 712-5760.
Counsel for Defendant Laidlaw Transit is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and to file proof of service on ECF.
A. KATHLEEN TOMLINSON U.S. Magistrate Judge