Case 1:12-cv-08992-ALC-HBP Document 39 Filed 03/11/13 Page 1 of 1
ATTORNEYS AT LAW
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Electronic Mail and First Class Mail
Honorable Andrew L. Carter, Jr.
United States District Judge
United States District Court, Southern District ofNew York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, NY 10007-1312
U.S. OISTAICTJUOGE .
RE: Erving, et al. v. Saxon Mortgage Services, Inc., et aL
Case No. 1: 12-cv-08992-ALC-HBP
Defendants' Request for Pre-Motion Conference
Dear Judge Carter:
We represent Plaintiffs in the above-referenced case. With respect to Defendants'
request for a pre-motion conference in connection with their intention to file motions to dismiss
Plaintiffs' Complaint, Plaintiffs hereby advise the Court and Defendants that Plaintiffs intend to
file an Amended Complaint which will include additional facts supporting Plaintiffs' allegations
and may include additional causes of action against one or more ofthe Defendants. Should the
Court wish to set a deadline for Plaintiffs to file the Amended Complaint without holding a pre
motion conference at this time, then Plaintiffs request permission to have until April 8, 2013 to
file their Amended Complaint. Thereafter, ifthe Defendants still decide to file motions to
dismiss, Plaintiffs will respond substantively to all arguments asserted by Defendants. Plaintiffs'
counsel note that in other cases involving these same defendants or similarly situated defendants,
the plaintiffs have prevailed with respect tq the same types ofarguments set forth in the
Defendants' le~rs re~ting the pre-motion conference.
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Andrew L. CarterJr, U.S.D.J.
Dated: \'J\o.s·c..\.. \\ J 2o\"o
NY, New York
All Counsel ofRecord
Edward W. Ciolko
Counsel for Plaintiffs
280 King of Prussia Roed. Radnor. PennsyIYania19081 T.610-661-7706 F.610-661-1056 In1'[email protected]
One Sansome Street. Suite 1850. San Francisco, California 94104 T. 415-400-3000 F.415-400-3OO1