Pillai v. Charles Schwab & Co., Inc.
Pillai v. Charles Schwab & Co., Inc.
Trial Court Opinion
USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: SARAH ELIZABETH PILLAI, | DATE FILED: _6/18/23_ | Plaintiff, 25-CV-3836 (JHR) (BCM) “against- ORDER REGARDING GENERAL CHARLES SCHWAB & CO., INC., PRETRIAL MANAGEMENT Defendant. BARBARA MOSES, United States Magistrate Judge. The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, if any, pursuant to
28 U.S.C. § 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: 1. If and when a discovery schedule is issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. 2. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and § 2(b) of Judge Moses's Individual Practices. It is this Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties’ letters, unless the Court determines that more formal briefing is required. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery will be denied as untimely.
3. For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. 4. Requests to adjourn a court conference or other court proceeding (including a telephonic court conference), or to extend a deadline, must be made in writing and in compliance
with § 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or extensions will not be entertained. 5. In accordance with § 1(d) of Judge Moses's Individual Practices, letters and letter- motions are limited to four pages, exclusive of attachments. Courtesy copies of letters and letter- motions filed via ECF are required only if the filing contains voluminous attachments. Courtesy copies should be delivered promptly, should bear the ECF header generated at the time of electronic filing, and should include tabs for the attachments. 6. Plaintiff may wish to contact the Federal Pro Se Legal Assistance Project in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to
assist those who are representing themselves in civil lawsuits in this court. The project is run by a private organization; it is not part of, or run by, the Court. It cannot accept filings on behalf of the Court, which must still be made by any pro se party through the Pro Se Intake Unit. To receive limited-scope assistance from the project, parties may complete the clinic's intake form on their computer or phone at: https://www.citybarjusticecenter.org/projects/federal- pro-se-legal-assistance-project/. If parties have questions regarding the form or they are unable to complete it, they may leave a voicemail at (212) 382-4794. A copy of a flyer with details about the project is attached to this Order. Lastly, the Court notes that defendant Charles Schwab & Co., Inc. (Schwab) has responded to plaintiff's complaint with a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). (Dkt. 10.) In response to the motion to dismiss, plaintiff filed a document entitled Motion to Strike Defendant's Motion to Dismiss Under Rule 12(f). (Dkt. 11.) Insofar as plaintiff seeks to strike plaintiff's motion to dismiss from the record, her motion is DENIED. See, e.g., Columbia Cas. Co. v. Neighborhood Risk Mgmt. Corp.,
2015 WL 3999192, at *5 (S.D.N.Y. June 29, 2015) ("By its terms, Rule 12(f) applies only to pleadings . . . a motion to dismiss is not a pleading") (collecting cases). However, in light of plaintiff's pro se status, the Court construes the filing at Dkt. 11 as plaintiff's memorandum in opposition to the motion to dismiss. Pursuant to Local Civ. R. 6.1(b), Schwab's optional reply brief is due June 24, 2025. Dated: New York, New York SO ORDERED. June 18, 2025 aid BARBARA MOSES United States Magistrate Judge
Reference
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