Rosenthal v. Roosevelt Island Operating Corporation

Background

The defendant, Roosevelt Island Operating Corporation, told the court that it was preparing a motion to dismiss Susan Rosenthal’s complaint under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint adequately states a legal claim. The defendant identified four proposed grounds: claim preclusion based on Rosenthal’s earlier state-court proceedings; sovereign immunity; the argument that an Article 78 proceeding provided adequate due process; and the argument that Rosenthal’s Section 1983 claim was filed after the applicable three-year limitations period. These were anticipated arguments, not rulings by the court.

The defendant also said it expected to ask the court to pause discovery while the motion to dismiss was considered. The defendant stated that the individual defendants—Joseph Rabito, Kumiki Gibson, and Simonida Subotic—joined the request for an adjournment and anticipated filing a similar motion. The letter also stated that Rosenthal consented to the requested postponement.

Request and ruling

The defendant asked to postpone the joint status letter and proposed case-management plan, which were due March 13, 2024, and the initial pretrial conference, which was scheduled for March 20, 2024. Judge Dale E. Ho granted the application. The court adjourned the initial pretrial conference and the deadline for submitting materials in advance of that conference pending further order after adjudication of the anticipated motion to dismiss.

Effect of the order

This order addressed scheduling only. It did not grant or deny the anticipated motion to dismiss, decide the proposed claim-preclusion, immunity, due-process, or limitations arguments, or rule on a request to stay discovery.