Notice of Motion to Dismiss — Wax v. Cross River Bank

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Notice of Motion to Dismiss in Wax v. Cross River Bank, Civil Action No. 2:24-cv-09510, U.S. District Court for the District of New Jersey, dated April 9, 2025 and docketed as Document 39 with a filing stamp of 07/25/25. Cross River Bank gives notice that it moves under Rule 12(b)(6) for an order dismissing the complaint for failure to state a claim, with a motion day of July 7, 2025 and oral argument requested. The bank relies on the complaint, its memorandum of law and the April 9, 2025 declaration of Steven M. Rosato with exhibits, and notes a proposed order is filed with the notice. Under a March 17, 2025 stipulation and order, opposition was due by May 28, 2025 and a reply by June 18, 2025. Steven M. Rosato of DLA Piper LLP (US) signed /s/.

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UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
MITCHELL WAX, Individually and on Behalf of 
All Other Similarly Situated, 
Plaintiff, 
v. 
CROSS RIVER BANK 
Defendant. 
Civil Action No. 2:24-cv-09510 (BRM) (JRA)
NOTICE OF 
MOTION TO DISMISS 
Document Electronically Filed 
Motion Day:  July 7, 2025 
Oral Argument Requested
PLEASE TAKE NOTICE that, pursuant to Rule 12(b)(6) of the Federal Rules of Civil 
Procedure, defendant Cross River Bank (“CRB”), by its undersigned counsel, will and hereby does 
move, at the United States District Court for the District of New Jersey, Martin Luther King 
Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07102, on July 7, 2025, for an order 
dismissing the complaint for failure to state a claim upon which relief can be granted [ECF No. 1], 
and granting CRB such other and further relief as the Court may deem just and proper.  In support 
of its motion, CRB shall rely upon the complaint; the accompanying memorandum of law; the 
supporting declaration of Steven M. Rosato dated April 9, 2025, including the exhibits attached 
thereto; and such other proceedings in this action as shall bear on the matters addressed in the 
motion that may be considered by the Court. 
PLEASE TAKE FURTHER NOTICE that, in accordance with the stipulation and order 
entered by the Court on March 17, 2025 [ECF No. 27], any opposition to the motion shall be served 
on or before May 28, 2025, and any reply in further support of the motion shall be served on or 
before June 18, 2025. 
Case 2:24-cv-09510-ES-JRA     Document 39     Filed 07/25/25     Page 1 of 3 PageID: 834

2 
PLEASE TAKE FURTHER NOTICE that oral argument is requested pursuant to Local 
Civil Rule 78.1. 
PLEASE TAKE FURTHER NOTICE that a proposed order is filed herewith. 
Dated: New York, New York  
April 9, 2025 
Of Counsel: 
John J. Clarke, Jr.* 
john.clarke@us.dlapiper.com  
1251 Avenue of the Americas 
New York, New York 10020 
(212) 335-4500 
Richard Zelichov* 
richard.zelichov@us.dlapiper.com  
2000 Avenue of the Stars 
Suite 400 North Tower 
Los Angeles, California 90067 
(310) 595-3000 
*Admitted pro hac vice
DLA PIPER LLP (US) 
By:  /s/ Steven M. Rosato 
 
Steven M. Rosato 
steven.rosato@us.dlapiper.com 
1251 Avenue of the Americas 
New York, New York 10020 
(212) 335-4500 
Attorneys for Defendant 
  Cross River Bank
Case 2:24-cv-09510-ES-JRA     Document 39     Filed 07/25/25     Page 2 of 3 PageID: 835

CERTIFICATE OF SERVICE 
I hereby certify that on April 9, 2025, I caused the foregoing document to be served on all 
counsel of record by electronic filing through the Court’s ECF system.   
Dated: New York, New York  
/s/ Steven M. Rosato  
April 9, 2025  
Steven M. Rosato 
Case 2:24-cv-09510-ES-JRA     Document 39     Filed 07/25/25     Page 3 of 3 PageID: 836

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