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Gerardo Ramos v. Teachers' Retirement System

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 18, 2011

GERARDO RAMOS, PLAINTIFF,
v.
TEACHERS' RETIREMENT SYSTEM OF THE CITY OF NEW YORK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge:

MEMORANDUM AND ORDER

Defendants have requested that the Court enter a revised briefing schedule to govern defendants' motions to dismiss. See Letter to Judge Johnson from Keith M. Snow (Feb. 25, 2011). Plaintiff reportedly consents to extending the schedule, but objects to allowing defendants to amend their respective motions to dismiss in response to plaintiff's recently filed Amended Complaint. See id. at 2.

It is undisputed that defendant Teachers' Retirement System of the City of New York ("TRS") served its motion to dismiss on January 7, 2011, and that defendant United Federation of Teachers ("UFT") filed its motion to dismiss on February 4, 2011. See id. at 2-3.*fn1 Thereafter, on February 14, 2011, plaintiff filed an Amended Complaint, see Amended Complaint (Feb. 14, 2011) -- presumably in response to the pending motions. The Amended Complaint alters and supplements language in the section entitled "Background Facts," drops a claim for violation of New York State Common Law and Breach of Fiduciary Duty against


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