, APWU v. Potter, 348 F.3d 619, 627 (2d Cir.2003) (noting a court may “devis[e] the procedures [to] ferret out the facts pertinent to jurisdiction”); Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir.1981) (noting a court has considerable procedural leeway in de- ciding whether discovery would assist res-

association of employees acting within the scope of their employment is not considered "distinct" from their employer. Riverwoods Chaopaqua Corp. v. Marine Midland Bank. NA, 30 F.3d 339, 344 (2d Cir.1994). Further, Plaintiff incorporates paragraphs 1-22 of the Amended Complaint into Count IV. If those allegations

e of the evidence, either at trial or at a pretrial evidentiary hearing. See CutCo Industries, Inc. v. Naughton, 806 F.2d 361, 365 (2d Cir. 1986); Marine Midland Bank, N.A. v. Miller, 664 F.2d 889, 904 (2d Cir. 1981). But at this stage, prior to discovery, the Court must "credit a plaintiff's averments of jurisdi

WU v. Potter, 343 F.3d 619, 627 (2d Cir.2003) (noting a court may "devistel the procedures [to] ferret out the facts pertinent to jurisdiction"); Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir.1981) (noting a court has considerable procedural leeway in de- ciding whether discovery would assist re