Kranepool v. Beckett Auctions, LLC, 2:18-cv-3724 (ADS)(AKT). (2018)
Court: District Court, E.D. New York
Number: infdco20181115d90
Visitors: 5
Filed: Nov. 14, 2018
Latest Update: Nov. 14, 2018
Summary: MEMORANDUM OF DECISION & ORDER ARTHUR D. SPATT , District Judge . The Court assumes the parties' familiarity with the facts and procedural history of this action. Additional detail that is relevant to the instant motions is provided below. Presently before the Court is a motion by the Defendant, pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 12(b)(6) to dismiss the Plaintiff's entire complaint and a cross-motion by the Plaintiff, pursuant to Rule 15(a) to amend th
Summary: MEMORANDUM OF DECISION & ORDER ARTHUR D. SPATT , District Judge . The Court assumes the parties' familiarity with the facts and procedural history of this action. Additional detail that is relevant to the instant motions is provided below. Presently before the Court is a motion by the Defendant, pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 12(b)(6) to dismiss the Plaintiff's entire complaint and a cross-motion by the Plaintiff, pursuant to Rule 15(a) to amend the..
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MEMORANDUM OF DECISION & ORDER
ARTHUR D. SPATT, District Judge.
The Court assumes the parties' familiarity with the facts and procedural history of this action. Additional detail that is relevant to the instant motions is provided below. Presently before the Court is a motion by the Defendant, pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 12(b)(6) to dismiss the Plaintiff's entire complaint and a cross-motion by the Plaintiff, pursuant to Rule 15(a) to amend the complaint. The proposed amended complaint contains additional causes of action that are not addressed in the Defendant's motion to dismiss. The Defendant has indicated that it does not oppose the Plaintiff's motion to amend and prefers to re-file its motion to dismiss in response to the proposed amended complaint. Accordingly, it is hereby
ORDERED that the Plaintiff's motion to amend the complaint is granted; and it is further
ORDERED that the Plaintiff file his proposed amended complaint within five (5) days of this Order; and it is further
ORDERED that the Defendant's motion to dismiss is terminated as moot; and it is further
ORDERED that the Defendant respond to the Plaintiff's amended complaint within twenty-eight (28) days of its filing.
SO ORDERED.
Source: Leagle
