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Re: PhenixBleu post# 200459

Friday, 07/23/2021 9:46:00 PM

Friday, July 23, 2021 9:46:00 PM

Post# of 203921
Notice of Motion for Summary Judgement

Case No. 20-cv-02857 (AKH)

NOTICE OF MOTION FOR SUMMARY JUDGMENT PLEASE TAKE NOTICE that, upon the annexed Declarations of John Burke and John Kirkland, dated July 22, 2021, and the exhibits attached thereto, Plaintiff’s Statement of Undisputed Facts pursuant to Local Civil Rule 56.1, the accompanying Memorandum of Law, and all the pleadings and proceedings herein, counsel for Plaintiff will move on August 16, 2021, or as soon thereafter as counsel may be heard, before the Honorable Alvin K. Hellerstein, United States District Judge for the Southern District of New York, United States Courthouse, Courtroom 14D, 500 Pearl Street, New York, New York, pursuant to Rule 56 of the Federal Rules of Civil Procedure for an order granting Summary Judgment in favor of Plaintiff.

PLEASE TAKE FURTHER NOTICE that a proposed form of Order is submitted
herewith.
Dated: New York, New York
July 23, 2021
GIBBONS P.C.
One Pennsylvania Plaza, 37th Floor
New York, New York 10119-3701
(212) 613-2000
By: Paul A. Saso
Paul A. Saso
Attorneys for Plaintiff Discover Growth Fund LLC