Cunningham v. On Deck Capital, Inc. et al

Filing 11

ORDER: The Court hereby ORDERS that Plaintiff either file an amended complaint or serve his opposition to Defendants' motion to dismiss, Dkt. No. 5, by no later than May 14, 2021. If Plaintiff chooses to amend, Defendants may then (a) file an a nswer; (b) file a new motion to dismiss; or (c) submit a letter stating that it intends to rely on the initially filed motion to dismiss. Defendants' reply, if any, is due May 28, 2021. Plaintiff is advised that failure to either file an amended complaint or serve his opposition to Defendants' motion to dismiss by May 14, 2021 may result in the motion to dismiss being unopposed. SO ORDERED., ( Amended Pleadings due by 5/14/2021., Replies due by 5/28/2021.) (Signed by Judge Alison J. Nathan on 4/27/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

4/27/2021

Craig Cunningham,
Plaintiff,
20-cv-10621 (AJN)
–v–
ORDER
On Deck Capital, Inc., et al.,
Defendants.

ALISON J. NATHAN, District Judge:
On March 2, 2021, the Court advised the pro se Plaintiff that his deadline to either file an
amended complaint or to serve his opposition to Defendants’ motion to dismiss was April 2,
2021. As of the date of this Order, the Court has not received either an amended complaint or a
brief opposing the motion to dismiss.
The Court hereby ORDERS that Plaintiff either file an amended complaint or serve his
opposition to Defendants’ motion to dismiss, Dkt. No. 5, by no later than May 14, 2021. If
Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new motion to
dismiss; or (c) submit a letter stating that it intends to rely on the initially filed motion to dismiss.
Defendants’ reply, if any, is due May 28, 2021.
Plaintiff is advised that failure to either file an amended complaint or serve his opposition
to Defendants’ motion to dismiss by May 14, 2021 may result in the motion to dismiss being
unopposed.
SO ORDERED.
Dated: April 27, 2021
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge

1

2