-ALC Best Payphones, Inc. v. City of New York, et al

Filing 150

ORDER: Plaintiff is hereby ordered to file an amended complaint pleading claims 1 and 3 from the SAC, insofar as Plaintiff seeks damages based on those claims. It shall do so by August 20, 2010. The Court previously ordered the parties to meet and confer as to which claims/paragraphs from the SAC remain valid after dismissal. After one and half years of disputes, the parties have reported that they have reached an impasse as to only ten paragraphs: 3,5,9,72,153,161,162,167, 169, and paragraph (j) of the wherefore clause, from Plaintiff's "pre-answer stipulation". (Docket Nos. 248,254.) I have reviewed the City's objections and I find its objections valid. Plaintiff is ordered to revise its "pre-answer stipulati on" accordingly and file the amended complaint reflecting those changes. Defendants shall answer the amended complaint by October 5, 2010 and the parties shall appear for a discovery scheduling conference on October 14, 2010 at 3:30 p.m. in Cou rtroom 504 N. If Plaintiff continues with its unwavering stance that it will not file an amended complaint, the Court will have no choice but to dismiss this action with prejudice. I will not tolerate further needless filings, all targeted to circu mvent the inevitable conclusion that Plaintiff must file an amended complaint if it wishes to continue with the present matter. Ordered by Magistrate Judge Andrew L. Carter, Jr. on 8/16/2010. Associated Cases: 1:03-cv-00192-JG -ALC, 1:01-cv-03934-JG -ALC, 1:01-cv-08506-JG-ALC (Hunter-Hicks, Tara)