Jane Street Group, LLC v. Millennium Management LLC et al

Filing 95

ORDER: On May 31, 2024, plaintiff filed motions to dismiss and to strike defendants' counterclaims and certain affirmative defenses, respectively, under Rule 12 of the Federal Rules of Civil Procedure. Dkt. 93. Under Rule 15(a)(l)(B), a defend ant has 21 days after the service of a motion under Rule 12 to amend its counterclaims once as a matter of course. The Court thus orders defendants to file any amended counterclaims, or notify the Court that they withdraw their counterclaims, by June 21, 2024. No further opportunities to amend will ordinarily be granted. If defendants do amend, by July 5, 2024, plaintiff shall: (I) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying defendants, stating that it relies on the previously filed motion. If defendants do not amend, and do not withdraw their counterclaims, they shall serve any opposition to plaintiff's motion to dismiss by June 21, 2024. Plaintiffs reply, if any, shall be served by June 28, 2024. As to plaintiffs motion to strike, the Court grants defendants leave to amend their affirmative defenses under Rule 15(a)(2). See Safe Step Walk in Tub Co. v. CKH Indus., Inc., 242 F. Supp. 3d 245,271 (S.D.N.Y. 2017) ("It is wit hin the Court's discretion to sua sponte grant leave to amend."). Defendants shall file any amended affirmative defenses by June 10, 2024. If defendants do amend, by June 19, 2024, plaintiff shall (1) file anew motion to strike; (2) submit a letter to the Court, copying defendants, stating that it relies on the previously filed motion; or (3) submit a letter to the Court, copying defendants, stating that it does not intend to move to strike defendants' affirmative defenses at th is time. If defendants do not amend, defendants shall serve any opposition to plaintiffs motion to strike by June 10, 2024. Plaintiffs reply, if any, shall be served by June 14, 2024. SO ORDERED. Douglas Schadewald answer due 7/5/2024; Millennium Management LLC answer due 7/5/2024.( Motions due by 7/5/2024.) (Signed by Judge Paul A. Engelmayer on 6/3/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JANE STREET GROUP, LLC,
-v-

Plaintiff,

MILLENNIUM MANAGEMENT LLC, et al.,

24 Civ. 2783 (PAE)
ORDER

Defendants.
PAUL A. ENGELMAYER, District Judge:
On May 31, 2024, plaintiff filed motions to dismiss and to strike defendants'
counterclaims and certain affirmative defenses, respectively, under Rule 12 of the Federal Rules
of Civil Procedure. Dkt. 93.
Under Rule 15(a)(l)(B), a defendant has 21 days after the service of a motion under Rule
12 to amend its counterclaims once as a matter of course. The Court thus orders defendants to
file any amended counterclaims, or notify the Court that they withdraw their counterclaims, by
June 21, 2024. No further opportunities to amend will ordinarily be granted. If defendants do
amend, by July 5, 2024, plaintiff shall: (I) file an answer; (2) file a new motion to dismiss; or (3)
submit a letter to the Court, copying defendants, stating that it relies on the previously filed
motion. 1 If defendants do not amend, and do not withdraw their counterclaims, they shall serve
any opposition to plaintiff's motion to dismiss by June 21, 2024. Plaintiffs reply, if any, shall
be served by June 28, 2024.

1 If plaintiff files

a new motion to dismiss or relies on its previous motion, defendants'
opposition will be due seven days thereafter, and plaintiffs reply, if any, will be due five days
after that.

As to plaintiffs motion to strike, the Court grants defendants leave to amend their
affirmative defenses under Rule l 5(a)(2). See Safe Step Walk in Tub Co. v. CKH Indus., Inc.,
242 F. Supp. 3d 245,271 (S.D.N.Y. 2017) ("It is within the Court's discretion to sua sponte
grant leave to amend."). Defendants shall file any amended affirmative defenses by June 10,
2024. If defendants do amend, by June 19, 2024, plaintiff shall (1) file anew motion to strike;
(2) submit a letter to the Court, copying defendants, stating that it relies on the previously filed
motion; or (3) submit a letter to the Court, copying defendants, stating that it does not intend to
move to strike defendants' affirmative defenses at this time. 2 If defendants do not amend,
defendants shall serve any opposition to plaintiffs motion to strike by June 10, 2024. Plaintiffs
reply, if any, shall be served by June 14, 2024.
SO ORDERED.

PAUL A. ENGELMAYER
United States District Judge
Dated: June 3, 2024
New York, New York

If plaintiff files a new motion to strike or relies on its previous motion, defendants' opposition
will be due seven days thereafter, and plaintiffs reply, if any, will be due five days after that.

2

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