Angel et al v. Afghan Kebab House I Inc. et al

Filing 34

ORDER: The Court has received Plaintiffs' letter regarding the Rule 68 Offer of Judgment and the parties' agreement to include an additional defendant. There is, however, no indication on the record that defense counsel represents the new defendant. Moreover, to add a new defendant, an amended complaint should be filed and served. Pursuant to Federal Rules of Civil Procedure 15(a), Plaintiff must seek leave to file an amended complaint at this time. By June 7, 2021, couns el are instructed to file a joint letter on the docket with the proposed amended complaint attached. In the letter, defense counsel shall indicate if all defendants consent to the amendment. Defense counsel shall also include in the letter a rep resentation confirming that defense counsel represents the newly proposed defendant. If the Court allows the amended complaint, defense counsel shall file a notice of an appearance on behalf of the new defendant within one week of that order. The parties may then proceed with the Rule 68 Offer of Judgment. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/3/2021) (vfr)

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6/3/21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Angel, et al., Plaintiff, 19-cv-11347 (AJN) –v– ORDER Afghan Kebab House I, Inc., et al., Defendants. ALISON J. NATHAN, District Judge: The Court has received Plaintiffs’ letter regarding the Rule 68 Offer of Judgment and the parties’ agreement to include an additional defendant. There is, however, no indication on the record that defense counsel represents the new defendant. Moreover, to add a new defendant, an amended complaint should be filed and served. Pursuant to Federal Rules of Civil Procedure 15(a), Plaintiff must seek leave to file an amended complaint at this time. By June 7, 2021, counsel are instructed to file a joint letter on the docket with the proposed amended complaint attached. In the letter, defense counsel shall indicate if all defendants consent to the amendment. Defense counsel shall also include in the letter a representation confirming that defense counsel represents the newly proposed defendant. If the Court allows the amended complaint, defense counsel shall file a notice of an appearance on behalf of the new defendant within one week of that order. The parties may then proceed with the Rule 68 Offer of Judgment. SO ORDERED. 1 Dated: June 3, 2021 New York, New York ____________________________________ ALISON J. NATHAN United States District Judge 2

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