Woitovich v. Schoenfeld et al

Filing 22

ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by May 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 do es 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 f iles 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 seve n days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by May 31, 2022. Defendant's reply, if any, shall be filed by June 7, 2022. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for June 21, 2022, is adjourned sine die. SO ORDERED. (Amended Pleadings due by 5/31/2022., Responses due by 5/31/2022, Replies due by 6/7/2022.) (Signed by Judge Jesse M. Furman on 5/10/2022) (jca)

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Case 1:22-cv-01742-JMF Document 22 Filed 05/10/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------X : RHONDA WOITOVICH, : : Plaintiff, : : -v: : LYDIA SCHOENFELD et al., : : : Defendants. : ---------------------------------------------------------------------- X 22-CV-1742 (JMF) ORDER JESSE M. FURMAN, United States District Judge: On May 9, 2022, Defendant Lydia Schoenfeld 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 May 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 May 31, 2022. Defendant’s reply, if any, shall be filed by June 7, 2022. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for June 21, 2022, is adjourned sine die. SO ORDERED. Dated: May 10, 2022 New York, New York __________________________________ JESSE M. FURMAN United States District Judge

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