Alta Partners, LLC v. Forge Global Holdings, Inc.

Filing 18

ORDER: On May 19, 2023, 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 June 9, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. 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 Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendant 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 June 9, 2023. Defendants reply, if any, shall be filed by June 16, 2023. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for June 29, 2023, is adjourned sine die. SO ORDERED., ( Amended Pleadings due by 6/9/2023., Responses due by 6/9/2023, Replies due by 6/16/2023.) (Signed by Judge Jesse M. Furman on 5/22/2023) (ama)

Case 1:23-cv-02647-JMF Document 18 Filed 05/22/23 Page 1 of 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------------X
:
ALTA PARTNERS, LLC,
:
:
Plaintiff,
:
:
-v:
:
FORGE GLOBAL HOLDINGS, INC.,
:
:
:
Defendant.
:
---------------------------------------------------------------------- X

23-CV-2647 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On May 19, 2023, 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
June 9, 2023. Pursuant to Paragraph 1.B. of the Court’s Individual Rules and Practices in Civil
Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint
should be filed with a redline showing all differences between the original and revised filing.
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 Defendant files an answer or a
new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If
Defendant 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 June 9, 2023. Defendant’s reply, if any, shall be filed by June 16, 2023.
Finally, it is further ORDERED that the initial pretrial conference previously scheduled
for June 29, 2023, is adjourned sine die.
SO ORDERED.
Dated: May 22, 2023
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge