Feinberg v. Apple Inc.

Filing 28

OPINION & ORDER: The Court is in receipt of the parties' letter briefing regarding Plaintiff's motion to amend his operative complaint, see Dkt. 22-26, as well as Plaintiff's proposed Second Amended Complaint, Dkt. 22. In light of "the lenient standard under Rule 15(a), which provides leave to amend 'shall be freely given,'" Grochowski v. Phoenix Const., 318 F.3d 80, 86 (2d Cir. 2003) (quoting Fed. R. Civ. P. 15(a)), Plaintiff's motion is granted. Plaintiff shall file on the electronic docket (ECF) the proposed Second Amended Complaint, which was attached to his September 16, 2015 letter, on or before December 1, 2015. No further amendments will be permitted. It is further ORDERED that de fendant shall have until January 5, 2016 to file a motion to dismiss the Second Amended Complaint as well as any motion to stay discovery pending the disposition of the motion to dismiss. Any opposition to the motion or motions shall be filed on or before January 19, 2016, and any reply on or before January 26, 2016. (Amended Pleadings due by 12/1/2015., Motions due by 1/5/2016., Responses due by 1/19/2016, Replies due by 1/26/2016.) (Signed by Judge Ronnie Abrams on 11/24/2015) (kl)

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USDC-SDNY DOCUMENT ELECTRO NI CALLY FILED DOC#: DATE FILED: 11/24/2015 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HERBERT FEINBERG, Plaintiff, No. 15-CV-5198 (RA) v. OPINION & ORDER APPLE INC., Defendant. RONNIE ABRAMS, United States District Judge: The Court is in receipt of the parties' letter briefing regarding Plaintiffs motion to amend his operative complaint, see Dkt. 22-26, as well as Plaintiffs proposed Second Amended Complaint, Dkt. 22. In light of "the lenient standard under Rule 15( a), which provides leave to amend 'shall be freely given,"' Grochowski v. Phoenix Const., 318 F.3d 80, 86 (2d Cir. 2003) (quoting Fed. R. Civ. P. 15(a)), Plaintiffs motion is granted. Plaintiff shall file on the electronic docket (ECF) the proposed Second Amended Complaint, which was attached to his September 16, 2015 letter, on or before December 1, 2015. No further amendments will be permitted. It is further ORDERED that defendant shall have until January 5, 2016 to file a motion to dismiss the Second Amended Complaint as well as any motion to stay discovery pending the disposition of the motion to dismiss. Any opposition to the motion or motions shall be filed on or before January 19, 2016, and any reply on or before January 26, 2016. SO ORDERED. Dated: November 24, 2015 New York, New York Ro ciei\bfaTITS ::;;;;;;United States District Judge

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