Motion,Ex Parte: Chapman Roberts v. Rodgers & Hammerstein Holdings Llc, The Rodgers & Hammerstein Organization, Concord Theatricals Corp., Mike Stoller, The Estate Of Jerome Leiber a/k/a The Jerome I. Leiber 1997 Family Trust, Leiber Stoller Productions, Inc., Broadway Asia Company, L.L.C.

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                                FILED: NEW YORK COUNTY CLERK 12/08/2023 04:26 PM                                                     INDEX NO. 653801/2023
NYSCEF DOC. NO. 24                                                                             RECEIVED NYSCEF: 12/08/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NEW YORK
          -----------------------------------------------------------------------x
          CHAPMAN ROBERTS,                                                       :
                                                                                 :
                             Plaintiff,                                          :
                                                                                     Index No.: 653801/2023
                                                                                 :
                   -against-                                                     :
                                                                                 :
          RODGERS & HAMMERSTEIN HOLDINGS LLC,                                    :
          THE RODGERS & HAMMERSTEIN                                              :
                                                                                     NOTICE OF MOTION TO
          ORGANIZATION, CONCORD THEATRICALS                                      :
                                                                                     DISMISS THE COMPLAINT
          CORP., MIKE STOLLER, THE ESTATE OF JEROME :
                                                                                     AND FOR SANCTIONS
          LEIBER a/k/a THE JEROME I. LEIBER 1997                                 :
          FAMILY TRUST, LEIBER STOLLER                                           :
          PRODUCTIONS, INC. and                                                  :   ORAL ARGUMENT
          BROADWAY ASIA COMPANY, LLC,                                            :   REQUESTED
                                                                                 :
                             Defendants.                                         :
          -----------------------------------------------------------------------x

                  PLEASE TAKE NOTICE that upon (1) the accompanying affirmation of Matthew H.

          Giger and the exhibits attached thereto, and (2) the accompanying Memorandum of Law in

          support of the Motion to Dismiss the Complaint and for Sanctions by defendants Mike Stoller,

          the Estate of Jerome Leiber, a/k/a the Jerome I. Leiber 1997 Family Trust and Leiber Stoller

          Productions, Inc. (the “L&S Defendants”) in the above-captioned action, the L&S Defendants,

          by their attorneys, Rosenberg, Giger & Perala P.C., will move the Supreme Court, New York

          County, 60 Centre Street, Room 130, New York, NY, at 9:30 a.m. on February 14, 2024, or as

          soon thereafter as counsel can be heard, for an order (a) dismissing the Complaint filed by

          plaintiff Chapman Roberts in this matter, (b) imposing sanctions against plaintiff and/or his

          counsel, including reimbursement of attorneys’ fees and costs incurred by the L&S Defendants

         in defending against this action, and (c) granting such other and further relief as the Court deems

         just and proper.




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FILED: NEW YORK COUNTY CLERK 12/08/2023 04:26 PM                                                   INDEX NO. 653801/2023
NYSCEF DOC. NO. 24                                                                         RECEIVED NYSCEF: 12/08/2023




                   PLEASE TAKE FURTHER NOTICE that pursuant to the Stipulation of the parties filed in

         this action on November 29, 2023 (NYSCEF Doc. No. 13), answering papers, if any, must be served

          upon the undersigned counsel at least thirty (30) days before the return date of this Motion set forth

          above.

                   PLEASE TAKE FURTHER NOTICE that the L&S Defendants respectfully request oral

          argument of this Motion.

          Dated: December 8, 2023
                 New York, New York

                                                          ROSENBERG, GIGER & PERALA P.C.


                                                          By:
                                                                  Matthew H. Giger
                                                                  Carnegie Hall Tower
                                                                  152 West 57th Street, 18th Floor
                                                                  New York, NY 10019
                                                                  646-494-5000

                                                          Attorneys for Defendants Mike Stoller, the Estate of
                                                          Jerome Leiber, a/k/a the Jerome I. Leiber 1997 Family
                                                          Trust and Leiber Stoller Productions, Inc.


          To:      David Leichtman, Esq. (via NYSCEF)
                   Shane Wax, Esq. (via NYSCEF)
                   Attorneys for Plaintiff




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