White et al v. Fein, Such and Crane, LLPMOTION to Dismiss Plaintiff's ComplaintW.D.N.Y.July 10, 2015B A R C L A Y D A M O N ,L L P 9326598.1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK CHRISTOPHER WHITE and WILLIAM SUITOR, individually and on behalf of all others similarly situated, Plaintiffs, vs. Fein, Such & Crane, LLP, Defendant. NOTICE OF MOTION TO DISMISS Civil Action No. 15-cv-00438 PLEASE TAKE NOTICE that Defendant Fein, Such & Crane, LLP will and hereby do move pursuant to Federal Rules of Civil Procedure Rule 12(b)(6) for an order of the Court dismissing the Plaintiff’s Complaint in its entirety, to be heard on a date and time to be determined by the Court at the United States District Court for the Western District of New York, 2 Niagara Square, Buffalo, New York. This motion is based on this Notice of Motion, the Affidavit of David P. Case, sworn to July 7, 2015 with Exhibits 1 through 10, and the accompanying Memorandum of Law filed herewith, dated July 9, 2015. Defendants intend to submit a reply to any response/opposition by the Plaintiff. DATED: July 9, 2015 BARCLAY DAMON, LLP By: /s/ Dennis R. McCoy Dennis R. McCoy 1100 M&T Center 3 Fountain Plaza Buffalo, New York 14203-1414 Telephone: (716) 566-1300 Attorneys for Defendant Case 1:15-cv-00438-LJV Document 7 Filed 07/10/15 Page 1 of 2 B A R C L A Y D A M O N ,L L P 9326598.1 2 TO: Keisha A. Williams, Esq. Western New York Law Center 237 Main Street, Suite 1130 Buffalo, NY 14203 (716) 828-8415 Attorneys for Plaintiffs Case 1:15-cv-00438-LJV Document 7 Filed 07/10/15 Page 2 of 2
