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  • Writer's pictureDaniel Schneider

Farber Schneider Ferrari LLP Secures Two Wins in Federal Court on the Same Day


Farber Schneider Ferrari LLP's tort defense practice secured two wins in Federal Court on the same date, March 31, 2023. In both cases, Daniel J. Schneider, Managing Partner of Farber Schneider Ferrari LLP ("FSF"), represented multiple defendants in tort actions and in both cases, the litigations were dismissed before discovery had commenced.


The dismissals were coincidentally handed down on the same date, but are both demonstrative of the zealous advocacy and acumen of FSF in Federal Court. All of these clients over both cases trusted FSF with the handling of their cases, both of which were multicount complaints. In both, FSF submitted motions to dismiss pursuant to Fed. R. Civ. P. 12(b) prior to the filing of any pleadings, and in both, FSF won dismissals on all counts.


In Papapietro v. Clott, 2023 U.S. Dist. LEXIS 56804, 22-cv-1318(RPK)(VMS)(E.D.N.Y., March 31, 2023), the District Court dismissed a nine-count complaint against FSF's clients Ryan Clott, Erin Clott and Elisa Liebowitz (the "Clott Defendants") which wrongfully charged the Clott Defendants with, among other things, violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), Fraud, Breach of Contract, Conversion, Unjust Enrichment, and Breach of Fiduciary Duty. FSF succeeded in having all nine counts dismissed as against the Clott Defendants on numerous bases including, without limitation, statute of limitations, issue preclusion (collateral estoppel) and failure to state a claim grounds.


The decision to dismiss was preceded by a report and recommendation of a District Court Magistrate Judge dated January 30, 2023, Papapietro v. Clott, 2023 U.S. Dist. LEXIS 16492, 22-cv-1318(RPK)(VMS)(E.D.N.Y., January 30, 2023), which analyzed numerous grounds for dismissal, and with few exceptions, sided with the Clott Defendants. Following statutorily permitted objections by the Plaintiff and responses by the Clott Defendants, on March 31, 2023, the District Judge adopted the Magistrate's report and recommendation in full, rejected Plaintiff's objections, and, in doing so, directly credited a portion of the Clott Defendants' response to said objections. See Clott, 2023 U.S. Dist. LEXIS 56804 at *14. As a result, this case was dismissed, as against the Clott Defendants, without leave to amend, which means, in essence, the case has been dismissed with prejudice.


In Waite v. Gonzalez, 22-cv-1318(PMC)(RLM)(E.D.N.Y., March 31, 2023), the District Court dismissed a fourteen-count complaint against FSF's clients Yadira Nunez, Charles Nunez and Ayanna Sabb (the "Nunez Defendants"). This complaint wrongfully charged the Nunez Defendants with, among other things, Civil Rights Violations in violation of 42 U.S.C. § 1983, municipal (Monell) liability, malicious prosecution, conspiracy, fraud, defamation/slander/libel, punitive damages, intentional infliction of emotional distress and negligent infliction of emotional distress. FSF again succeeded in having all counts dismissed. Here, the Court held that the Federal Law Claims failed because the Complaint failed to show that the Nunez Defendants were state actors, or were acting under the "color of state law," or had any agreement with the police, at least one of which would have been required for the Federal Law Claims to succeed. See Waite, 22-cv-1318 at pp. 25-27. The State Law Claims were dismissed without analysis because the District Court declined to hear them after the Federal Law Claims were dismissed. Id. at p. 27.


Farber Schneider Ferrari LLP is overjoyed that it has secured such decisive victories for its clients. Absent any appeal, these cases should be over as it relates to these particular Defendants. March 31, 2023 was a good day for FSF and its clients.

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