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Contract: Other | New York Eastern
Order on Motion to Dismiss
ORDER denying 188 Motion to Dismiss without prejudice. The Court's Individual Practice Rule 5.1.1.1 requires a pre-motion conference request for "[a]ny motion pursuant to Federal Rule of Civil Procedure 12." Plaintiffs' 188 Motion is made pursuant to FRCP 12, but Plaintiffs did not file a pre-motion conference request before filing their motion. Plaintiffs shall file a pre-motion conference request if they wish to renew their motion to dismiss Defendants' counterclaim. Additionally, the parties are encouraged to consider consenting to magistrate judge jurisdiction, which may result in a more expeditious resolution of the prospective motion. Any party may withhold its consent without adverse substantive consequences. If the parties consent, they shall complete the form available at the following link: https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf. Ordered by Judge Nina R. Morrison on 6/23/2026. (MM)
Affidavit/Declaration in Support of Motion
AFFIDAVIT/DECLARATION in Support re 188 MOTION to Dismiss the Counterclaim for Defamation Per Se of Defendants Elliot Antebi and Rachel Antebi f/k/a Sutton filed by Ely Eddi. (Attachments: # 1 Exhibit A - Amended Answer with Counterclaim filed in the State Court Action, # 2 Exhibit B - So-Ordered Stipulation filed in the State Court Action) (Zimmerman, Philippe)
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