Decker v. Argon Medical Devices, Inc. et al

Filing 15

ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by August 5, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by August 26, 2021, defendant shall: (1) file an an swer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve a ny opposition to the motion to dismiss by August 5, 2021. Defendant's reply, if any, shall be served by August 19, 2021. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by atta ching them as PDF files to a single email addressed to [e-mail]. The Court will determine later, after receipt of plaintiffs anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. ( Amended Pleadings due by 8/5/2021. Motions due by 8/26/2021.) (Signed by Judge Paul A. Engelmayer on 7/16/2021) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BRIAN DECKER,
-v-

Plaintiff,

ARGON MEDICAL DEVICES, INC., REX MEDICAL,
INC., d/b/a REX MEDICAL, L.P. and REX, MEDICAL,
L.P.,

21 Civ. 1535 (PAE)
ORDER

Defendants.
PAUL A. ENGELMA YER, District Judge:
On July 15, 2021, defendant Argon Medical Devices, Inc. filed a motion to dismiss the
complaint under Rule 12 of the Federal Rules of Civil Procedure. Under Rule 15(a)(l)(B), a
plaintiff has 21 days after the service ofa 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
August 5, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does
amend, by August 26, 2021, defendant shall: (I) file an answer; (2) file a new motion to dismiss;
or (3) submit a letter to the Comi, copying plaintiff, stating that they rely on the previously filed
motion to dismiss. 1

It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any
opposition to the motion to dismiss by August 5, 2021. Defendant's reply, if any, shall be served
by August 19, 2021. At the time any reply is served, the moving party shall supply the Court

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If defendant files a new motion to dismiss or rely on their previous motion, plaintiffs
opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days
after that.

with a courtesy copy of all motion papers by attaching them as PDF files to a single email
addressed to [e-mail].
The Court will determine later, after receipt of plaintiffs anticipated brief opposing a
motion to dismiss the current or amended complaint, whether to schedule oral argument.
SO ORDERED.

PAUL A. ENGELAR
United States District Judge

Dated: July 16, 2021
New York, New York

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