Negro v. AmTrust North America, Inc.

Filing 19

ORDER, Plaintiff is GRANTED leave to file an amended complaint no later than March 5, 2021. If Plaintiff believes that the pleading of additional facts will cure deficiencies identified in the motion for judgment on the pleadings and/or motion to strike, Plaintiff should include those facts in the amended complaint. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by these motions. It is further ORDERED that if no amended complaint is fil ed, Plaintiff shall file any opposition to the motions, supported by a single, consolidated memorandum of law not to exceed 25 pages, by March 5, 2021. Defendant shall file any reply, in the form of a single, consolidated memorandum not to exceed 10 pages, by March 12, 2021. The initial pretrial conference currently scheduled for March 4, 2021 remains in effect. SO ORDERED. ( Amended Pleadings due by 3/5/2021., Responses due by 3/5/2021, Replies due by 3/12/2021.) (Signed by Judge Jesse M. Furman on 2/16/21) (yv)

Case 1:20-cv-10407-JMF Document 19 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PAULA NEGRO,
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Plaintiff,
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-v:
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AMTRUST NORTH AMERICA, INC.,
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Defendant.
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20-CV-10407 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On February 12, 2021, Defendant filed a motion for judgment on the pleadings pursuant
to Rule 12(c) of the Federal Rules of Civil Procedure. ECF No. 17. The same day, Defendant
filed a motion to strike pursuant to Rule 12(f). ECF No. 18. Under Rule 15(a)(2), courts should
freely give a plaintiff leave to amend a complaint when justice so requires. Accordingly,
Plaintiff is GRANTED leave to file an amended complaint no later than March 5, 2021. If
Plaintiff believes that the pleading of additional facts will cure deficiencies identified in the
motion for judgment on the pleadings and/or motion to strike, Plaintiff should include those facts
in the amended complaint. Plaintiff will not be given any further opportunity to amend the
complaint to address issues raised by these motions.
If Plaintiff does amend, by three (3) weeks after the amended complaint is filed,
Defendant shall file an amended answer and (1) file a new motion for judgment on the pleadings
and/or motion to strike; or (2) file a letter stating that it relies on the previously filed motions or
is withdrawing its motions in light of the amended complaint. If Defendant files new motions or
withdraws its previously filed motions, the Court will deny the previously filed motion as moot.

Case 1:20-cv-10407-JMF Document 19 Filed 02/16/21 Page 2 of 2

It is further ORDERED that if no amended complaint is filed, Plaintiff shall file any
opposition to the motions, supported by a single, consolidated memorandum of law not to
exceed 25 pages, by March 5, 2021. Defendant shall file any reply, in the form of a single,
consolidated memorandum not to exceed 10 pages, by March 12, 2021.
The initial pretrial conference currently scheduled for March 4, 2021 remains in
effect.

SO ORDERED.

Dated: February 16, 2021
New York, New York

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