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

Filing 254

ORDER, It is hereby ORDERED that Goldstrom shall file any amended counterclaim by December 5, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furm an, any amended counterclaim should be filed with a redline showing all differences between the original and revised filing. Goldstrom will not be given any further opportunity to amend the counterclaim to address issues raised by the motion to dismi ss. If no amended counterclaim is filed, Goldstrom shall file any opposition to the motion to dismiss by December 5, 2023. Alix's reply, if any, shall be filed by December 12, 2023. SO ORDERED. ( Amended Pleadings due by 12/5/2023., Replies due by 12/12/2023., Responses due by 12/5/2023) (Signed by Judge Jesse M. Furman on 11/15/23) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JAY ALIX,
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Plaintiff,
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MCKINSEY & CO., INC. et al.,
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Defendants.
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18-CV-4141 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On November 14, 2023, Plaintiff Jay Alix filed a motion to dismiss Defendant Seth
Goldstrom’s Counterclaim under Rule 12(b) of the Federal Rules of Civil Procedure. Under
Rule 15(a)(1)(B), a party has twenty-one (21) days after the service of a motion under Rule 12(b)
to amend their pleading once as a matter of course.
Accordingly, it is hereby ORDERED that Goldstrom shall file any amended counterclaim
by December 5, 2023. Pursuant to Paragraph 1.B. of the Court’s Individual Rules and Practices
in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended
counterclaim should be filed with a redline showing all differences between the original and
revised filing. Goldstrom will not be given any further opportunity to amend the counterclaim to
address issues raised by the motion to dismiss.
If Goldstrom does amend, by three (3) weeks after the amended counterclaim is filed,
Alix shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating
that it relies on the previously filed motion to dismiss. If Alix files an answer or a new motion to
dismiss, the Court will deny the previously filed motion to dismiss as moot. If Alix files a new
motion to dismiss or indicates that he relies on his previously filed motion to dismiss, any
opposition shall be filed within fourteen days, and any reply shall be filed within seven days of
any opposition.
If no amended counterclaim is filed, Goldstrom shall file any opposition to the motion to
dismiss by December 5, 2023. Alix’s reply, if any, shall be filed by December 12, 2023.
SO ORDERED.
Dated: November 15, 2023
New York, New York

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JESSE M. FURMAN
United States District Judge