Case 1:19-cv-00902-EAW Document 24 Filed 08/16/19 Page 1 of 2

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
------------------------------------------------------------------- X
MICHAEL P. KEARNS, in his official capacity as
Clerk of the County of Erie, New York,

Plaintiff, No. 19-cv-902 (EAW)

-against-

ANDREW M. CUOMO, in his official capacity as

Governor of the State of New York,
LETITIA A. JAMES, in her official capacity as
Attorney General of the State of New York, and
MARK J. F. SCHROEDER, in his official capacity as
Commissioner of the New York State Department of
Motor Vehicles,

Defendants.
------------------------------------------------------------------- X

NOTICE OF MOTION TO DISMISS

MOTION BY: Defendants.

RELIEF SOUGHT: Dismissal of the complaint pursuant to Fed.

R. Civ. Proc. 12(b)(1) and (12)(b)(6) for
lack of subject matter jurisdiction.

WHEN RETURNABLE: As directed by the Court. Pursuant to Local

Rule of Civil Procedure 7(a)(1) and (2)(A),
defendants request the opportunity to submit
a reply memorandum of law.

WHERE RETURNABLE: Honorable Elizabeth A. Wolford

Kenneth B. Keating Federal Building
100 State Street
Rochester, New York 14614

SUPPORTING PAPERS: Memorandum of law; and affidavit of Ann

Scott and accompanying exhibits.
 Case 1:19-cv-00902-EAW Document 24 Filed 08/16/19 Page 2 of 2

DATED: New York, New York

August 16, 2019
LETITIA JAMES
Attorney General of the State of New York
Attorney for Defendants

BY:

/s/ Linda Fang

LINDA FANG
Assistant Solicitor General
28 Liberty Street
New York, NY 10005
(212) 416-8656
Linda.Fang@ag.ny.gov

To: Thomas J. Navarro, Jr. (via ECF)

Kenneth R. Kirby (via ECF)
Counsel for Plaintiff