Ningbo Relynda Import & Export, Co., LTD v. Lynn Brands LLC et al

Filing 16

MEMO ENDORSEMENT on 15 denying as moot 9 Motion to Dismiss. ENDORSEMENT: APPLICATION GRANTED. Defendants' motion to dismiss, (Doc. 9), is deemed moot without prejudice to refile a new motion to dismiss. Defendants shall refile their new motion to dismiss on or before January 15, 2021. (Signed by Judge Vernon S. Broderick on 1/8/2021) (rro)

Case 1:20-cv-07987-VSB Document 16 Filed 01/08/21 Page 1 of 1
New Jersey | New York | Washington, D.C.

New Jersey | New York | Washington, D.C.

MICHAEL J SHEPPEARD|Partner
[e-mail]
Phone: [phone]

05 January 2021
VIA ECF
Hon. Vernon S. Broderick
United States District Judge
Thurgood Marshall
United States Courthouse
40 Foley Square
Room 415
New York, NY 10007

1/8/2021
Defendants’ motion to dismiss, (Doc. 9), is deemed moot without
prejudice to refile a new motion to dismiss. Defendants shall refile
their new motion to dismiss on or before January 15, 2021.

Re: Case 1:20-cv-07987-VSB Ningbo Relynda Import & Export, Co., LTD v. Lynn Brands LLC et al.
Honorable Sir:
This firm represents the Defendants in the above-referenced matter. Reference is made to the Court’s
Order dated 29 December 2020 (Docket 14) wherein the Court ordered the Defendants to file a letter
indicating whether the Defendants would prefer to have the Court evaluate Defendants’ Motion to
Dismiss (Docket 9-11) in light of the newly alleged facts in the amended complaint (Docket 13) or
whether the Defendant’s Motion to Dismiss should be deemed moot without prejudice to refile a new
motion or otherwise plead in accordance with Federal Rule of Civil Procedure 15(a)(3).
Defendants have elected to refile the Motion to Dismiss or otherwise plead. Under the current
schedule, such response would be due on or before 11 January 2021. Plaintiff’s counsel has agreed to
briefly extend that response date until 15 January 2021. Accordingly, Defendants respectfully request
that the Court extend Defendants’ time to refile the Motion to Dismiss or otherwise plead until 15
January 2021.
Should the Court require anything further to effectuate the foregoing, do not hesitate to have a
member of your staff contact Defendants’ counsel.
Respectfully submitted,

Michael J Sheppeard