030_20

Format

pdf

Set

Court Records

Text

Searchable

View at the original source

Text as released

Machine-read from the scan. Names, dates and numbers can be misread — check anything you rely on against the original page.

      Case 1:19-cv-10476-PGG-DCF Document 30 Filed 03/20/20 Page 1 of 1


BSF
                      BOIES
                      SCH ILLER
                      FLEXNER




                                                                                                Telephone: (212) 446-2300
                                                                                               Email: jischiller@bsfllp.com

                                                       March 20, 2020

VIA ECF
The Honorable Paul G. Gardephe
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
               Re:      Helm v. Indyke et al.,
                        Case No. 19-cv-10476-PGG

Dear Judge Gardephe,

        Pursuant to Individual Rule IV(D), Plaintiff Teresa Helm hereby requests oral argument
on Defendants’ motion to dismiss her complaint under Rule 12(b)(6) of the Federal Rules of Civil
Procedure. As Plaintiff argues in her memorandum of law in opposition to Defendants’ motion,
Defendants seek to dismiss Plaintiff’s complaint in its entirety based on the incorrect contention
that Plaintiff’s claims are untimely. But Plaintiff’s claims are timely under N.Y. C.P.L.R.
§ 215(8)(a) and the doctrines of equitable estoppel and equitable tolling. Further, Defendants’
motion “to dismiss” Plaintiff’s request for punitive damages is procedurally improper and
substantively incorrect. Because Defendants seek the extreme remedy of complete dismissal of
Plaintiff’s complaint, Plaintiff requests oral argument on Defendants’ motion.

                                                       Respectfully submitted,



                                                       /s/ Joshua I. Schiller

                                                       David Boies, Esq.
                                                       Joshua I. Schiller, Esq.
                                                       Sigrid S. McCawley, Esq.

cc: Counsel of Record (via E

[…]

Open in the archive