Sarit v. Westside Tomato, Inc. et al

Filing 75

ORDER denying 57 Motion to Dismiss; granting 62 Letter Motion for Leave to File Document; granting 66 Motion to Amend/Correct. For the reasons discussed in the Courts oral ruling at today's conference, Defendants' motion to dis miss, see Dkt. 57, is DENIED, and Plaintiff's motion for leave to file an amended complaint, see Dkts. 62, 66, is GRANTED. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 57, 62, and 66. Plaintiffs amended complaint adding a claim for retaliation shall be due no later than February 8, 2021. For the sake of efficiency and to avoid the need for multiple answers, Defendants shall answer, respond, or otherwise move with respect to the as-amended compla int within 21 days of the amendment. Defendants need not separately answer the now-operative complaint until after the filing of Plaintiff's amendment. As directed at the conference, the parties shall meet and confer and file, no later than J anuary 22, 2021, (1) a brief joint letter regarding the next steps in this litigation, including the discovery anticipated; and (2) a proposed case management plan and scheduling order, a template of which is available at https://nysd.uscourts.gov/hon-ronnie-abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/8/2021) (jca)

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Case 1:18-cv-11524-RA Document 75 Filed 01/08/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC-SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: 1/8/2021 RUTH SARIT, on behalf of herself and all others similarly situated, Plaintiff, No. 18-CV-11524 (RA) v. WESTSIDE TOMATO, INC., doing business as ARTE CAFÉ, ROBERT MALTA, MARCO ORNETTI, and ERNESTO MATIAS LOPEZ, ORDER Defendants. RONNIE ABRAMS, United States District Judge: For the reasons discussed in the Court’s oral ruling at today’s conference, Defendants’ motion to dismiss, see Dkt. 57, is DENIED, and Plaintiff’s motion for leave to file an amended complaint, see Dkts. 62, 66, is GRANTED. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 57, 62, and 66. Plaintiff’s amended complaint adding a claim for retaliation shall be due no later than February 8, 2021. For the sake of efficiency and to avoid the need for multiple answers, Defendants shall answer, respond, or otherwise move with respect to the as-amended complaint within 21 days of the amendment. Defendants need not separately answer the now-operative complaint until after the filing of Plaintiff’s amendment. As directed at the conference, the parties shall meet and confer and file, no later than January 22, 2021, (1) a brief joint letter regarding the next steps in this litigation, including the discovery anticipated; and (2) a proposed case management plan and scheduling order, a template of which is available at https://nysd.uscourts.gov/hon-ronnie-abrams. SO ORDERED. Dated: January 8, 2021 New York, New York ________________________________ Ronnie Abrams United States District Judge

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