McDermott v. This Dog's Life Corp

Filing 20

ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by December 1, 2023. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by December 22, 2023, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by December 1, 2023. Defendant's reply, if any, shall be served by December 15, 2023. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers b y attaching them as PDF files to a single email addressed to [e-mail]. The Court will determine later, after receipt of plaintiffs anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. ( Amended Pleadings due by 12/1/2023., Motions due by 12/22/2023.) (Signed by Judge Paul A. Engelmayer on 11/14/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MATTHEW MCDERMOTT,
-v-

Plaintiff,

23 Civ. 5869 (PAE)
ORDER

THIS DOG'S LIFE CORP.,
Defendant.
PAUL A. ENGELMA YER, District Judge:

On November 10, 2023, defendant filed a motion to dismiss the complaint under Rule 12
of the Federal Rules of Civil Procedure. Dkt. 5. Under Rule 15(a)(l)(B), a plaintiff has 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 1, 2023. No fmiher opp01iunities to amend will ordinarily be granted. If plaintiff
does amend, by December 22, 2023, defendant shall: (1) file an answer; (2) file a new motion to
dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the
previously filed motion to dismiss. 1

It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any
opposition to the motion to dismiss by December 1, 2023. Defendant's reply, if any, shall be
served by December 15, 2023. At the time any reply is served, the moving party shall supply the
Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email
addressed to EngelmayerNYSDChambers@nysd. uscourts. gov.

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If defendant files a new motion to dismiss or relies on their previous motion, plaintiffs
opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days
after that.

The Court will determine later, after receipt of plaintiffs anticipated brief opposing a
motion to dismiss the current or amended complaint, whether to schedule oral argument.
SO ORDERED.

PAUL A. ENGELMA YER
United States District Judge

Dated: November 14, 2023
New York, New York

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