That's What She Said, Inc. v. Gutter Games, Inc. et al

Filing 93

ORDER: The Court will allow Plaintiff until on or before June 7, 2024, to file the amended memorandum and come into full compliance with the Court's May 22, 2024 Order. The Court remains dismayed, particularly given the content of the Court s May 22, 2024 Order, by Plaintiff's continued inability to abide by the Court's orders. (See, e.g., Dkt. #52, 58, 62, 91). As before, to the extent Defendants wish to file amended reply papers, they are instructed to file a letter reque sting as much within two weeks of Plaintiff's filing of its compliant amended memorandum of law. Furthermore, the Court may entertain an application that Plaintiff pay the fees and costs incurred by Defendants in filing any amended reply papers, in view of the fact that Plaintiff's failure to comply with the Local Rules of the Court would have rendered the filing of such papers necessary. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/4/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THAT’S WHAT SHE SAID, INC.,
Plaintiff,
22 Civ. 4230 (KPF)

-v.GUTTER GAMES, INC., and PERCH
UK 1 LTD.,

ORDER

Defendants.
KATHERINE POLK FAILLA, District Judge:
The Court’s May 22, 2024 Order (Dkt. #91) ordered Plaintiff to both
(i) “file a statement responding to Defendants’ Rule 56.1 Statement in
accordance with Local Rule 56.1(b),” and (ii)
file an amended Memorandum of Law in Opposition to
Defendants’ Motion for Summary Judgment, converting all
record citations therein to [Plaintiff’s] Rule 56.1 Statement (as
opposed to the declarations of Richard Mooney (Dkt. #84) and
Dan Myers (Dkt. #83)). To be clear, the Court expects that no
new arguments will be set forth in Plaintiff’s amended
memorandum, but rather that Plaintiff will properly source its
factual assertions.
While Plaintiff accordingly filed the required statement responding to
Defendants’ Rule 56.1 Statement on May 30, 2024 (Dkt. #92), Plaintiff failed to
file the required amended memorandum of law.
The Court will allow Plaintiff until on or before June 7, 2024, to file the
amended memorandum and come into full compliance with the Court’s May
22, 2024 Order. The Court remains dismayed, particularly given the content of
the Court’s May 22, 2024 Order, by Plaintiff’s continued inability to abide by
the Court’s orders. (See, e.g., Dkt. #52, 58, 62, 91).

As before, to the extent Defendants wish to file amended reply papers,
they are instructed to file a letter requesting as much within two weeks of
Plaintiff’s filing of its compliant amended memorandum of law. Furthermore,
the Court may entertain an application that Plaintiff pay the fees and costs
incurred by Defendants in filing any amended reply papers, in view of the fact
that Plaintiff’s failure to comply with the Local Rules of the Court would have
rendered the filing of such papers necessary.
SO ORDERED.
Dated:

June 4, 2024
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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