Alix v. McKinsey & Co., Inc. et al

Filing 166

ORDER: As stated on the record during the teleconference held earlier today: Plaintiff shall file any motion for leave to file a second amended complaint within 30 days of the date of this Order. Defendants shall, within seven days of Plainti ff's motion, confer with one another and Plaintiff and file a letter: -stating whether there are grounds to oppose the proposed amendment separate and apart from the failure to state a claim; and -proposing a briefing schedule for any motion t o oppose the proposed amendment and/or any motion(s) to dismiss, including but not limited to any motions pursuant to Rules 12(b)(1), 12(b)(6), and 17 of the Federal Rules of Civil Procedure. Defendants shall file a letter-motion to stay discovery, not to exceed five pages, within three days of any motion to dismiss; Plaintiff shall file any opposition, not to exceed five pages, within a week of such a letter-motion. Discovery is stayed pending the Court's decision on that motion. Un less the Court grants prior leave to do otherwise, all defense submissions shall be made jointly i.e., on a consolidated basis. Put differently, if any Defendant believes that there are independent bases for a motion that call for separate briefing, that Defendant must seek leave to file separately. (Signed by Judge Jesse M. Furman on 5/31/2022) (tro)

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Case 1:18-cv-04141-JMF Document 166 Filed 05/31/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : JAY ALIX, : : Plaintiff,, : : -v: : MCKINSEY & CO., INC. et al, : : Defendants. : : ---------------------------------------------------------------------- X 18-CV-4141 (JMF) ORDER JESSE M. FURMAN, United States District Judge: As stated on the record during the teleconference held earlier today: • Plaintiff shall file any motion for leave to file a second amended complaint within 30 days of the date of this Order. • Defendants shall, within seven days of Plaintiff’s motion, confer with one another and Plaintiff and file a letter: o stating whether there are grounds to oppose the proposed amendment separate and apart from the failure to state a claim; and o proposing a briefing schedule for any motion to oppose the proposed amendment and/or any motion(s) to dismiss, including but not limited to any motions pursuant to Rules 12(b)(1), 12(b)(6), and 17 of the Federal Rules of Civil Procedure. • Defendants shall file a letter-motion to stay discovery, not to exceed five pages, within three days of any motion to dismiss; Plaintiff shall file any opposition, not to exceed five pages, within a week of such a letter-motion. Discovery is stayed pending the Court’s decision on that motion. • Unless the Court grants prior leave to do otherwise, all defense submissions shall be made jointly — i.e., on a consolidated basis. Put differently, if any Defendant believes that there are independent bases for a motion that call for separate briefing, that Defendant must seek leave to file separately. SO ORDERED. Dated: May 31, 2022 New York, New York __________________________________ JESSE M. FURMAN United States District Judge

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