Bryant et al v. Buffalo Exchange, LTD.

Filing 28

ORDER denying as moot 24 Motion for Judgment; granting 27 Letter Motion for Leave to File Document. Application granted. In light of the amendment, defendant's motion for judgment on the pleadings is denied as moot. The Clerk of Court is directed to terminate Dkts. 24 and 27. SO ORDERED. (Signed by Judge Arun Subramanian on 2/5/2024) (tg)

Case 1:23-cv-08286-AS Document 27 Filed 02/05/24 Page 1 of 1

VIA ECF
The Honorable Arun Subramanian
United States District Court
Southern District of New York
500 Pearl Street, Courtroom 15A
New York, NY 10007
Re:

Application granted. In light of the amendment,
February 5, 2024 defendant's motion for judgment on the pleadings
is denied as moot. The Clerk of Court is directed
to terminate Dkts. 24 and 27.
SO ORDERED.

Arun Subramanian, U.S.D.J.
Date: February 5, 2024

Bryant et al. v. Buffalo Exchange, Ltd., Case No. 23 Civ. 8286

Dear Judge Subramanian:
We represent Plaintiffs in the above-captioned matter. We write to request the Court’s
leave to file an amended complaint pursuant to Federal Rule 15(a)(2). The parties have
conferred, and Defendant does not oppose the filing of the amended complaint.
Following the Court’s Individual Rule 8(G)(ii), within 10 days of Defendant’s January
17, 2024 motion to dismiss, Plaintiffs’ Counsel conferred with Defendant’s Counsel and notified
both Defendant and the Court of Plaintiffs’ intention to file an amended complaint in response to
the motion in lieu of opposing the motion. In response to Defendant’s arguments, Plaintiffs’
amended complaint removes the FLSA claim that Defendant argued should be dismissed.
Because the January 24, 2024 deadline to amend without leave has passed, Plaintiffs now
respectfully request the Court’s leave to file the amended complaint, in order to avoid
unnecessary motion practice and to conserve the Court’s and parties’ resources.
Pursuant to the Court’s February 1, 2024 Entry and Individual Rules, Defendant’s written
consent is attached as Exhibit 1, a clean copy of the proposed First Amended Complaint is
attached as Exhibit 2, and a redline version showing all changes between the Complaint and First
Amended Complaint is attached as Exhibit 3.

Respectfully submitted,

Molly Brooks