Zigler v. Featherstone Foods, Inc. et al

Filing 28

ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by July 10, 2020. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by July 10, 2020. Defendants reply, if any, shall be filed by July 24. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by ma iling or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that, pursuant to Rule 4(B) of the Courts Individual Rules of Practice in Civil Cases, the plaintiff shall file on ECF, by July 10, a letter no longer than two pages explaining the basis for his belief that diversity of citizenship exists. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for June 26, 2020 is adjourned sine die. ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (Amended Pleadings due by 7/10/2020, Responses due by 7/10/2020, Replies due by 7/24/2020.) (Signed by Judge Denise L. Cote on 6/12/2020) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------X
:
DAVID ZIGLER,
:
:
Plaintiff,
:
:
-v:
:
:
FEATHERSTONE FOODS, INC., CARAWAY
:
REALTY, LLC, SESAME DISTRIBUTION,
:
INC., JOEL SCHONFELD, KUZARI GROUP,
:
LP, MARK RIMER,
:
:
Defendants.
:
:
--------------------------------------- X

20cv2462 (DLC)
ORDER

DENISE COTE, District Judge:
On June 11, 2020, defendants filed a motion to dismiss the
complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P.

Under Rule

15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the
service of a motion under Rule 12(b) to amend the complaint once
as a matter of course.

Accordingly, it is hereby

ORDERED that plaintiff shall file any amended complaint by
July 10, 2020.

It is unlikely that plaintiff will have a

further opportunity to amend.
IT IS FURTHER ORDERED that if no amended complaint is
filed, plaintiff shall file any opposition to the motion to
dismiss by July 10, 2020.
filed by July 24.

Defendants’ reply, if any, shall be

At the time any reply is filed, the moving

party shall supply Chambers with two (2) courtesy copies of all

motion papers by mailing or delivering them to the United States
Courthouse, 500 Pearl Street, New York, New York.
IT IS FURTHER ORDERED that, pursuant to Rule 4(B) of the
Court’s Individual Rules of Practice in Civil Cases, the
plaintiff shall file on ECF, by July 10, a letter no longer than
two pages explaining the basis for his belief that diversity of
citizenship exists.
IT IS FURTHER ORDERED that the initial pretrial conference
scheduled for June 26, 2020 is adjourned sine die.

Dated:

New York, New York
June 12, 2020
____________________________
DENISE COTE
United States District Judge

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