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Ruiz v. Westchester County, 18-CV-7007 (KMK). (2019)

Court: District Court, S.D. New York Number: infdco20191219e59 Visitors: 13
Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: ORDER KENNETH M. KARAS , District Judge . On May 10, 2019, Defendants filed a Motion To Dismiss Plaintiffs Amended Complaint. (Dkt. No. 21.) On July 11, 2019, after receiving no opposition papers from Plaintiff, the Court confirmed that it considered the Motion To Dismiss fully submitted. (Dkt. No. 26.) However, on December 16, 2019, Plaintiff filed a Second Amended Complaint. (Dkt. No. 27.) Accordingly, Defendants are now ordered to explain to the Court how they intend to proceed, namely
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ORDER

On May 10, 2019, Defendants filed a Motion To Dismiss Plaintiffs Amended Complaint. (Dkt. No. 21.) On July 11, 2019, after receiving no opposition papers from Plaintiff, the Court confirmed that it considered the Motion To Dismiss fully submitted. (Dkt. No. 26.)

However, on December 16, 2019, Plaintiff filed a Second Amended Complaint. (Dkt. No. 27.) Accordingly, Defendants are now ordered to explain to the Court how they intend to proceed, namely, whether they intend to withdraw the pending Motion To Dismiss and respond to the newly filed Second Amended Complaint instead. Defendants are instructed to file a letter with the Court indicating their position and proposal by January 3, 2020.

The Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff.

SO ORDERED.

Source:  Leagle

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