ORDER

JAN E. DUBOIS, District Judge.

AND NOW, this 12th day of March, 2020, upon consideration of Plaintiff's Motion for Reconsideration of this Court's 2 October 2019 Order (ECF #39), or, Alternatively, for Amendment of Said Order to Redenominate it Final and Appealable (Document No. 40, filed October 10, 2019), defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Reconsideration of this Court's 2 October 2019 Order (ECF #39), or, Alternatively, for Amendment of Said Order to Redenominate it Final and Appealable (Document No. 41, filed October 24, 2019), Plaintiff's Reply Brief in Support of His Motion for Reconsideration of this Court's 2 October 2019 Order (ECF #39), or, Alternatively, for Amendment of Said Order to Redenominate it Final and Appealable (Document No. 42, filed November 4, 2019), for the reasons stated in the accompanying Memorandum dated March 12, 2020, IT IS ORDERED that plaintiff's motion seeking reconsideration of that part of this Court's Order dated October 2, 2019, dismissing plaintiff's defamation claim against defendants without prejudice is GRANTED. The Court DETERMINES that, on the present state of the record, there is a factual dispute as to the application of the judicial immunity privilege to defendants' statements in the letters dated April 26, 2018 and December 16, 2018. Accordingly, that part of the Court's Memorandum & Order dated October 2, 2019 dismissing Count I of the Second Amended Complaint without prejudice is VACATED. Count I of the Second Amended Complaint is REINSTATED.

IT IS FURTHER ORDERED that, excepting only as set forth above and in the Memorandum dated March 12, 2020, the Memorandum & Order dated October 2, 2019 (Document Nos. 38, 39), continues in effect.

IT IS FURTHER ORDERED that a Preliminary Pretrial Conference shall be scheduled in due course.