While my motion on behalf of 33 defendants awaits a hearing — merely to extend the time to answer or move for all defendants in order to coordinate schedules, and admit Marc Randazza pro hac vice — other defendants have not been standing still.
Defendant Max Kennerly of the Beasley Firm in Philadelphia (represented by David Brickman of Albany) has served his motion to dismiss. Kennerly Memorandum of Law
Others are sure to follow. And given the number of defendants, and the lack of mandatory electronic filing, I will start clearing out a filing cabinet as the tree slaughter starts.
And a note to those using New York’s electronic data base to track motions: Motions generally get served 16 days before the return date (if you want to see opposition at least 7 days before). But the moving papers need not be actually filed until five days before the motion is heard. So you will see discrepancies as to when papers are served and when they are filed.
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