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Capital One Financial Corporation v. Hummer, 19-CV-11582 (VSB). (2020)

Court: District Court, S.D. New York Number: infdco20200108c58 Visitors: 2
Filed: Jan. 07, 2020
Latest Update: Jan. 07, 2020
Summary: ORDER VERNON S. BRODERICK , District Judge . On January 6, 2020, Defendant Jan Hummer filed a motion to dismiss the amended complaint, (Doc. 2), pursuant to Federal Rules of Civil Procedure 12(b)(1)(3) and (6). (Doc. 13.) Under Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby: ORDERED that Plaintiffs shall file any second amended complaint by Janu
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ORDER

On January 6, 2020, Defendant Jan Hummer filed a motion to dismiss the amended complaint, (Doc. 2), pursuant to Federal Rules of Civil Procedure 12(b)(1)(3) and (6). (Doc. 13.) Under Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby:

ORDERED that Plaintiffs shall file any second amended complaint by January 27, 2020. It is unlikely that Plaintiffs will have a further opportunity to amend.

IT IS FURTHER ORDERED that if no second amended complaint is filed, Plaintiffs shall serve any opposition to the motion to dismiss by February 5, 2020. Defendant's reply, if any, shall be served by February 19, 2020. At the time any reply is served, the moving party shall supply Chambers with two courtesy copies of all motion papers pursuant to my Individual Rules by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York.

SO ORDERED.

Source:  Leagle

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