Order | Filed: July 20, 2026
| Entered: July 20, 2026
Bernet v. New York State Office of Parks, Recreation, and Historic Preservation
Civil Rights: Americans with Disabilities - Employment | New York Eastern
Order on Motion for Pre Motion Conference
ORDER granting 11 Motion for Pre Motion Conference
An IN-PERSON premotion conference is scheduled for August 25, 2026 at 10:30 am before Judge Gary R. Brown, Courtroom 940, 100 Federal Plaza, Central Islip, NY, at which time the parties should be prepared to address defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 11. Counsel shall appear at such time with their clients. Plaintiff shall respond to DE 11 in accordance with the undersigned's individual rules, see Rule II(g), by August 4, 2026.
Counsel should note that, in appropriate cases, the pre-motion letter as well as the response, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates.
The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8.
Ordered by Judge Gary R. Brown on 7/20/2026. (LJ)