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)

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