Doni v. Unite USA Inc.

Filing 15

ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by January 31, 2022. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by January 31, 2022. Defendants reply, if any, shall be filed by February 7, 2022. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for February 15, 2022, is adjourned sine die. SO ORDERED., ( Amended Pleadings due by 1/31/2022. Responses due by 1/31/2022, Replies due by 2/7/2022.) (Signed by Judge Jesse M. Furman on 1/10/22) (yv)

Case 1:21-cv-09133-JMF Document 15 Filed 01/10/22 Page 1 of 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------X
:
ESHED DONI,
:
:
Plaintiff,,
:
:
-v:
:
:
UNITE USA INC.,
:
:
Defendant.
:
---------------------------------------------------------------------- X

21-CV-9133 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On January 7, 2022, Defendant filed a motion to dismiss the complaint under Rule 12(b)
of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21)
days after the service of a 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
January 31, 2022. Plaintiff will not be given any further opportunity to amend the complaint to
address issues raised by the motion to dismiss.
If Plaintiff does amend, by three (3) weeks after the amended complaint is filed,
Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF
stating that it relies on the previously filed motion to dismiss. If Defendants files an answer or a
new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If
Defendants files a new motion to dismiss, any opposition shall be filed within fourteen days, and
any reply shall be filed within seven days of any opposition.
If no amended complaint is filed, Plaintiff shall file any opposition to the motion to
dismiss by January 31, 2022. Defendant’s reply, if any, shall be filed by February 7, 2022.
Finally, it is further ORDERED that the initial pretrial conference previously scheduled
for February 15, 2022, is adjourned sine die.
SO ORDERED.
Dated: January 10, 2022
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge