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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
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