Caterpillar Financial Services Corporation v. Andrade Gutierrez Engenharia S.A. et al

Filing 22

ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by December 11, 2023. Pursuant to Paragraph 1.B. of the Courts 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 di smiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to di smiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss or indicate that they rely on their previously filed 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 December 11, 2023. Defendants reply, if any, shall be filed by December 18, 2023. ( Amended Pleadings due by 12/11/2023., Replies due by 12/18/2023., Responses due by 12/11/2023) (Signed by Judge Jesse M. Furman on 11/13/2023) (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CATERPILLAR FINANCIAL SERVICES CORP.,
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Plaintiff,
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ANDRADE GUTIERREZ ENGENHARIA S.A. et al.,
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Defendants.
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23-CV-4905 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On November 9, 2023, Defendants 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 twentyone (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
December 11, 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,
Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF
stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a
new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If
Defendants file a new motion to dismiss or indicate that they rely on their previously filed
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 December 11, 2023. Defendants’ reply, if any, shall be filed by December 18, 2023.
SO ORDERED.
Dated: November 13, 2023
New York, New York

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JESSE M. FURMAN
United States District Judge