Kernan et al v. New York State Department of Financial Services et al

Filing 18

ORDER - Pending before the Court are: (1) pro se Plaintiff James M. Kernan's proposed Amended Complaint (Docket Entry 17) and (2) the State Defendants' letter requesting that their pending motion to dismiss be deemed unopposed (Docket Entry 13). The Court REJECTS Mr. Kernan's proposed Amended Complaint; the original Complaint shall remain the operative pleading. The Court, however, DENIES the State Defendants' request to deem their motion unopposed. Thus, in an ab undance of caution, the Court sua sponte GRANTS Plaintiffs an extension through September 23, 2013 to oppose the pending motion to dismiss. No further extensions of Plaintiffs' time to oppose will be granted. The Clerk of the Court is directed to mail a copy of this Order to Mr. Kernan. So Ordered by Judge Joanna Seybert on 9/9/2013. C/M; C/ECF (Valle, Christine)

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