Hollander v. Institute for Research on Women & Gender at Columbia University et alMOTION to Dismiss. DocumentS.D.N.Y.October 24, 2008 MICHAEL J. GARCIA United States Attorney for the Southern District of New York By: JEAN-DAVID BARNEA Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Tel. (212) 637-2679 Fax (212) 637-2717 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROY DEN HOLLANDER, on behalf of himself and all others similarly situated, Plaintiff, v. INSTITUTE FOR RESEARCH ON WOMEN & GENDER AT COLUMBIA UNIVERSITY; SCHOOL OF CONTINUING EDUCATION AT COLUMBIA UNIVERSITY; TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK; U.S. DEPARTMENT OF EDUCATION; MARGARET SPELLINGS, U.S. SECRETARY OF EDUCATION in her official capacity; CHANCELLOR OF THE BOARD OF REGENTS, ROBERT M. BENNETT, in his official capacity; NEW YORK STATE COMMISSIONER OF THE DEPARTMENT OF EDUCATION, RICHARD P. MILLS, in his official and individual capacity; PRESIDENT OF THE NEW YORK STATE HIGHER EDUCATION SERVICES CORP., JAMES C. ROSS, in his official and individual capacity, Defendants. 08 Civ. 7286 (LAK) (KNF) ECF Case NOTICE OF MOTION PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support of the Federal Defendants’ Motion to Dismiss the Complaint, Defendants the U.S. Department of Education, and Margaret Spellings, Secretary of Education (collectively, the “Federal Case 1:08-cv-07286-LAK-KNF Document 12 Filed 10/24/08 Page 1 of 2 Defendants”), by their attorney Michael J. Garcia, United States Attorney for the Southern District of New York, will move this Court before the Honorable Kevin Nathaniel Fox, United States Magistrate Judge, United States Courthouse, 500 Pearl Street, New York, New York 10007, at a date and time as the Court may direct, for an order dismissing the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule 6.1(b) and Federal Rule of Civil Procedure 6(e), Plaintiff Roy Den Hollander’s answering papers, if any, must be served upon the United States Attorney’s Office, Southern District of New York, 86 Chambers Street, 3rd Floor, New York, New York, 10007, within 10 business days. Dated: New York, New York October 24, 2008 MICHAEL J. GARCIA United States Attorney Southern District of New York Attorney for the Federal Defendants /s/ Jean-David Barnea . By: JEAN-DAVID BARNEA Assistant U.S. Attorney 86 Chambers Street, 3rd floor New York, NY 10007 Tel. (212) 637-2679 Fax (212) 637-2717 Jean-David.Barnea@usdoj.gov TO: Roy Den Hollander, pro se (via ECF) Counsel for Defendants (via ECF) Case 1:08-cv-07286-LAK-KNF Document 12 Filed 10/24/08 Page 2 of 2