Henderson v. Alvarez et al

Filing 59

ORDER: Accordingly, it is hereby ORDERED that if Plaintiff intends to file an amended complaint, he shall do so by December 14, 2019. Plaintiff is hereby advised that any amended complaint will completely replace the original complaint. Accordingly , if Plaintiff files an amended complaint, it should include all of the information he believes is necessary to make a short, plain statement explaining why he is entitled to relief against each defendant. Plaintiff is on notice that declining to a mend his pleadings to timely respond to a fully briefed argument in the Defendant Alvarez's November 12, 2019 motion to dismiss may well constitute a waiver of the Plaintiffs right to use the amendment process to cure any defects that have be en made apparent by the Defendants' briefing. IT IS FURTHER ORDERED that if no amended complaint is filed, Plaintiff shall serve his opposition to Defendants' motion to dismiss by December 14, 2019. Defendants' reply, if any, shall b e served by December 31, 2019. At the time any reply is served, Defendants shall supply Chambers with a courtesy copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Foley Square, New York, New York. Chambers will mail a copy of this Order to Plaintiff and that mailing will be noted on the docket. (And as further set forth in this Order.) SO ORDERED. (Amended Pleadings due by 12/14/2019.) (Signed by Judge Alison J. Nathan on 11/21/2019) Copies Mailed By Chambers. (jca)

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