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Martin v. Arbor Realty Trust, Inc. — Entry #32: MOTION to Dismiss Plaintiffs' Amended Class Action Complaint by Arbor Realty Trust, Inc., Paul Elenio, Ivan Kaufman

Case: Martin v. Arbor Realty Trust, Inc. nyed · 1:24-cv-05347

filed July 31, 2024

What this document is

Docket entry #32 · filed June 16, 2025

MOTION to Dismiss Plaintiffs' Amended Class Action Complaint by Arbor Realty Trust, Inc., Paul Elenio, Ivan Kaufman. (Attachments: # 1 Memorandum in Support of Motion to Dismiss Plaintiffs' Amended Class Action Complaint, # 2 Declaration of Angela M. Liu in Support of Defendants' Motion to Dismiss the Amended Class Action Complaint, # 3 Exhibit 1., # 4 Exhibit 2., # 5 Exhibit 3., # 6 Exhibit 4., # 7 Exhibit 5., # 8 Exhibit 6., # 9 Exhibit 7., # 10 Exhibit 8., # 11 Exhibit 9., # 12 Exhibit 10., # 13 Exhibit 11., # 14 Exhibit 12., # 15 Exhibit 13.) (Levander, Andrew) (Entered: 06/16/2025)

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Case 1:24-cv-05347-PKC-LKE            Document 32        Filed 06/16/25     Page 1 of 3 PageID #:
                                             638


                            UNITED STATES DISTRICT COURT
                            EASTERN DISTRICT OF NEW YORK

 LOIS MARTIN, individually
 and on behalf of all others similarly situated,
                                                       NOTICE OF DEFENDANTS’ MOTION
                        Plaintiffs,                    TO DISMISS PLAINTIFFS’ AMENDED
                                                       CLASS ACTION COMPLAINT
 v.
                                                                Oral Argument Requested
 ARBOR REALTY TRUST, INC., IVAN
 KAUFMAN, and PAUL ELENIO,                                      1:24-cv-05347-PKC-LKE


                        Defendants.


          PLEASE TAKE NOTICE that Defendants Arbor Realty Trust, Inc., Ivan Kaufman, and

Paul Elenio (collectively, “Defendants”), by and through their respective counsel, shall move before

the Honorable Pamela K. Chen, United States District Judge for the Eastern District of New York,

at a date and time to be set by the Court, in Courtroom 4F of the United States District Courthouse

at 225 Cadman Plaza East, Brooklyn, NY 11201 for an Order dismissing Plaintiffs’ Amended Class

Action Complaint dated January 21, 2025, with prejudice pursuant to Federal Rules of Civil

Procedure 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. §

78u-4 et seq., and granting Defendants such other and further relief as the Court may deem just and

proper.

          PLEASE TAKE FURTHER NOTICE that in support of the Motion to Dismiss, Defendants

will rely upon the accompanying Memorandum of Law in Support of Their Motion to Dismiss the

Amended Class Action Complaint, the Declaration of Angela M. Liu, dated April 10, 2025, with

attached exhibits, and all pleadings filed with the Court in this matter.


Case 1:24-cv-05347-PKC-LKE   Document 32     Filed 06/16/25    Page 2 of 3 PageID #:
                                    639


Dated: April 10, 2025                      Respectfully submitted,


                                           By: /s/Andrew J. Levander
                                           Andrew J. Levander
                                           Neil A. Steiner
                                           Angela M. Liu
                                           DECHERT LLP
                                           Three Bryant Park
                                           1095 Sixth Avenue
                                           New York, NY 10036
                                           Tel: (212) 698-3500
                                           [email protected]
                                           [email protected]
                                           [email protected]


                                       Attorneys for Defendants


Case 1:24-cv-05347-PKC-LKE           Document 32        Filed 06/16/25      Page 3 of 3 PageID #:
                                            640


                                CERTIFICATE OF SERVICE

       I, the undersigned, hereby certify that on this 10th day of April 2025, I caused a copy of the

foregoing document to be transmitted by email and First-Class mail to all counsel of record. In

accordance with Rule 3.D. of the Honorable Judge Pamela K. Chen’s Individual Practices and

Rules, on the day the motion is fully briefed, I shall direct that a copy of all motion papers be

electronically filed with the Court, which will automatically send notice and a copy of the filings

to all counsel of record.

                                                          /s/Andrew J. Levander
                                                          Andrew J. Levander