Velasquez v. Chong Qing Xiao Mian I, Inc., 19-cv-8824 (AJN). (2020)
Court: District Court, S.D. New York
Number: infdco20200127802
Visitors: 7
Filed: Jan. 22, 2020
Latest Update: Jan. 22, 2020
Summary: ORDER ALISON J. NATHAN , District Judge . On January 21, 2020, Defendant Chong Qing Xiao Mian I, Inc. filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before January 31, 2020, Plaintiff must notify the Court and his adversary in writing whether (1) he intends to file an amended pleading and when it will do so or (2) he will rely on the pleading being attacked. Plaintiff is on notice that declining to amend his pleadings to timely res
Summary: ORDER ALISON J. NATHAN , District Judge . On January 21, 2020, Defendant Chong Qing Xiao Mian I, Inc. filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before January 31, 2020, Plaintiff must notify the Court and his adversary in writing whether (1) he intends to file an amended pleading and when it will do so or (2) he will rely on the pleading being attacked. Plaintiff is on notice that declining to amend his pleadings to timely resp..
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ORDER
ALISON J. NATHAN, District Judge.
On January 21, 2020, Defendant Chong Qing Xiao Mian I, Inc. filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before January 31, 2020, Plaintiff must notify the Court and his adversary in writing whether (1) he intends to file an amended pleading and when it will do so or (2) he will rely on the pleading being attacked. Plaintiff is on notice that declining to amend his pleadings to timely respond to a fully briefed argument in the Defendant's January 21 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility").
If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss.
Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules.
SO ORDERED.
Source: Leagle
