Berley v. Hesse et al

Filing 19

CORRECTED ORDER Accordingly, it is ORDERED that the SAC is deemed to be the operative complaint. The briefing schedule for Defendants' anticipated motion to dismiss the SAC is as follows: Defendants' motion is due by March 19, 2024, Plain tiff's opposition is due by April 23, 2024, and Defendants' reply is due by May 8, 2024. Additionally, it is ORDERED that Defendants' anticipation letter motion to stay discovery is due by February 12, 2024, and Plaintiff's opposition is due by February 20, 2024. SO ORDERED. (Motions due by 3/19/2024., Replies due by 5/8/2024., Responses due by 4/23/2024) (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/7/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARC BERLEY, Derivatively on Behalf of Walter &
Samuels, Inc.,

23-CV-10563 (PAC) (RFT)

Plaintiff,
CORRECTED ORDER

-againstWILLIAM HESSE and LESLIE CROFT,
Defendants.
ROBYN F. TARNOFSKY, United States Magistrate Judge:

On February 1, 2024, Plaintiff filed his Second Amended Complaint (“SAC”) (ECF 14). The filing of
the SAC was neither authorized nor contemplated by the existing scheduling order. (See ECF 13.) I
scheduled and held a conference with the parties on February 7, 2024. At the conference, Defendants
consented to the SAC and stated their intention, in light of a related arbitration proceeding, to make an
application to stay discovery in this action.
Accordingly, it is ORDERED that the SAC is deemed to be the operative complaint. The briefing
schedule for Defendants’ anticipated motion to dismiss the SAC is as follows: Defendants’ motion is due
by March 19, 2024, Plaintiff’s opposition is due by April 23, 2024, and Defendants’ reply is due by May
8, 2024.
Additionally, it is ORDERED that Defendants’ anticipation letter motion to stay discovery is due
by February 12, 2024, and Plaintiff’s opposition is due by February 20, 2024.
DATED:

February 7, 2024
New York, New York
SO ORDERED.
__________________________
ROBYN F. TARNOFSKY
United States Magistrate Judge