Charming Beats LLC v. Facebook, Inc.

Filing 27

ORDER: In light of recent Second Circuit opinions, the parties are directed to advise the Court whether they consent for the Court to deem the briefing as set forth in the June 22 Order as a fully briefed motion and rule on the basis of the limited briefs, or whether the parties request supplemental or full briefing on Charming Beats' motion. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within one week of the date of this order. (Signed by Judge Victor Marrero on 8/10/2022) (ate)

Case 1:21-cv-08609-VM Document 27 Filed 08/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------X
CHARMING BEATS LLC,
:
:
Plaintiff,
:
:
- against :
:
META PLATFORMS, INC. and
:
INSTAGRAM, INC.
:
:
Defendants.
:
-----------------------------------X

21 Civ. 8609 (VM)
ORDER

VICTOR MARRERO, United States District Judge.
On January 14, 2022, and consistent with the Court’s Individual
Practices, counsel for defendants Meta Platforms, Inc. and Instagram,
Inc. (collectively, “Defendants”) sent counsel for Charming Beats LLC
(“Charming Beats”) a premotion letter identifying alleged deficiencies
in the Third Amended Complaint (Dkt. No. 19) that Charming Beats filed
in this action, and that allegedly would provide a basis supporting a
motion

to

dismiss.

(See

Dkt.

No.

21.)

On

January

19,

2022,

also

consistent with the Court’s Individual Practices, counsel for Charming
Beats sent a three-page letter in response, opposing the grounds that
Defendants stated in favor of the proposed motion. (See Dkt. No. 22.)
On

January

requesting

26,
a

2021,

the

premotion

Court

received

conference

and

a

letter

asserting

from
that

Defendants
the

letter

exchange did not resolve the dispute and thus failed to avoid motion
practice at this stage of the proceedings. (See Dkt. No. 23.) On June
22,

2022,

the

Court

directed

Charming

Beats

to

file

a

motion

to

dismiss limited to three pages in length, (see Dkt. No. 26 (“June 22
Order”)).

Case 1:21-cv-08609-VM Document 27 Filed 08/10/22 Page 2 of 2

In

light

of

recent

Second

Circuit

opinions,

the

parties

are

directed to advise the Court whether they consent for the Court to deem
the briefing as set forth in the June 22 Order as a fully briefed
motion and rule on the basis of the limited briefs, or whether the
parties

request

supplemental

or

full

briefing

on

Charming

Beats’

motion. If the parties request supplemental or full briefing, they
shall submit a proposed briefing schedule within one week of the date
of this order.

SO ORDERED.
Dated: New York, New York
August 10, 2022