context: . Plaintiff's argument regarding an alleged waiver of defendants' right to bring this motion is unavailing. Essentially, plaintiff urges this Court to consider defense counsel's representation to the Court during a pre-trial conference, that he would not bring this motion as a stumbling block to his right to bring the motion at all. Clearly, this Court cannot prevent a party from making a motion that it is entitled to bring under the Federal Rules of Civil Procedure.
citation_a.signal: see
citation_a.identifier: 204 F.3d 393, 397
citation_a.parenthetical: "Although we have recognized that it is within the judge's discretion to hold a pre-motion conference for the purpose of persuading a party not to file a perceived meritless motion, we have made it clear that the judge may not require that the court's permission be secured at such a conference before a party may file the motion."
citation_a.sentence: See Eisemann v. Greene, 204 F.3d 393, 397 (2d Cir.2000) ("Although we have recognized that it is within the judge's discretion to hold a pre-motion conference for the purpose of persuading a party not to file a perceived meritless motion, we have made it clear that the judge may not require that the court’s permission be secured at such a conference before a party may file the motion.”) (internal quotations omitted); see also Richardson Greenshields Sec., Inc. v. Lau, 825 F.2d 647, 652 (2d Cir.1987) (“Absent extraordinary circumstances, ... a court has no power to prevent a party from filing pleadings, motions or appeals authorized by the Federal Rules of Civil Procedure.”).
citation_b.signal: see also
citation_b.identifier: 825 F.2d 647, 652
citation_b.parenthetical: "Absent extraordinary circumstances, ... a court has no power to prevent a party from filing pleadings, motions or appeals authorized by the Federal Rules of Civil Procedure."
citation_b.sentence: See Eisemann v. Greene, 204 F.3d 393, 397 (2d Cir.2000) ("Although we have recognized that it is within the judge's discretion to hold a pre-motion conference for the purpose of persuading a party not to file a perceived meritless motion, we have made it clear that the judge may not require that the court’s permission be secured at such a conference before a party may file the motion.”) (internal quotations omitted); see also Richardson Greenshields Sec., Inc. v. Lau, 825 F.2d 647, 652 (2d Cir.1987) (“Absent extraordinary circumstances, ... a court has no power to prevent a party from filing pleadings, motions or appeals authorized by the Federal Rules of Civil Procedure.”).