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Labor: Other | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 31 LETTER MOTION for Leave to File a Document addressed to Judge Nelson Stephen Roman from Andrew P. Marks dated September 16, 2026. filed by Amanda Pulcini. ENDORSEMENT: Plaintiff is correct that it is improper for a party to raise a novel argument in a reply brief. See Frost v. Lentex Co., LLC, 2023 WL 373242, at *3 (S.D.N.Y. Jan. 24, 2023) ("Courts are not required to consider arguments newly raised in a reply brief, and generally, arguments are waived if they are first raised in a reply brief."). But "[i]t is axiomatic that federal courts are courts of limited jurisdiction and may not decide cases over which they lack subject matter jurisdiction." Lyndonville Sav. Bank & Tr. Co. v. Lussier, 211 F.3d 697, 700 (2d Cir. 2000). Despite Defendants' failure to raise their subject matter jurisdiction arguments in their opening brief, the Court must consider them because "subject matter jurisdiction is not waivable and may be raised at any time by a party or by the court sua sponte." Id. Plaintiff may file a sur-reply of no more than 10 pages by October 9, 2026. The sur-reply must be limited to responding to Defendants' newly raised arguments concerning subject matter jurisdiction. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/25/2026) (vfr)
Reply to Response to Motion
LETTER REPLY to Response to Motion addressed to Judge Nelson Stephen Roman from Michael V. Gattoni dated September 24, 2026 re: 31 LETTER MOTION for Leave to File a Document addressed to Judge Nelson Stephen Roman from Andrew P. Marks dated September 16, 2026. . Document filed by Xtremepush, LLC..(Gattoni, Michael)
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