Hayes v. 355 Restaurant Group LLC et al

Filing 73

ORDER denying as moot 32 Motion to Dismiss; denying as moot 38 Motion to Dismiss; denying as moot 11 Motion to Dismiss. In light of the foregoing, Defendants' earlier-filed motions to dismiss the Complaint and First Amended Complaint, ECF. Nos. 11, 32, 38, are hereby DENIED as moot. The Court extends sua sponte and nunc pro tunc the Borkan Defendants' deadline to respond to the Second Amended Complaint until December 4, 2024. The Clerk of Court is directed to terminated ECF Nos. 11, 32 & 38. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 11/25/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/26/2024

KAYLEIGH HAYES,
Plaintiffs,
-v.-

24 Civ. 3468 (JHR)
ORDER

355 RESTAURANT GROUP LLC et al,
Defendants.
JENNIFER H. REARDEN, District Judge:
Plaintiff filed the Complaint in this action on May 6, 2024. ECF No. 1. On June 7, 2024,
Defendants Martin Borkan and MSB Hospitality LLC (the “Borkan Defendants”) moved to
dismiss the Complaint. ECF No. 11. On July 31, 2024, Plaintiff filed a First Amended
Complaint. ECF No. 27. On August 15, 2024, Defendants 355 Restaurant Group LLC, Matthew
Arnold, and Pir Granoff (the “355 Defendants”) moved to dismiss the First Amended Complaint.
ECF No. 32. On August 19, 2024, the Borkan Defendants moved to dismiss the First Amended
Complaint. ECF No. 38.
On September 17, 2024, Plaintiff filed a Second Amended Complaint. ECF No. 58.
Thus, Defendants’ deadline to respond to the Second Amended Complaint was October 1, 2024.
See Fed. R. Civ. P. 15(a)(3) (“[A]ny required response to an amended pleading must be made . . .
within 14 days after service of the amended pleading . . .”). On October 1, 2024, Defendants Ilan
Khutorsky, Raphael Khutorsky, Jeckson Leonardo, Sando Supplies LLC, Something Good
Supper Club, LLC, and Something Short, LLC answered, ECF No. 61, and the 355 Defendants
moved to dismiss the Second Amended Complaint, ECF No. 62. The docket does not reflect a
response to the Second Amended Complaint from the Borkan Defendants.
In light of the foregoing, Defendants’ earlier-filed motions to dismiss the Complaint and
First Amended Complaint, ECF. Nos. 11, 32, 38, are hereby DENIED as moot. The Court

extends sua sponte and nunc pro tunc the Borkan Defendants’ deadline to respond to the Second
Amended Complaint until December 4, 2024.
The Clerk of Court is directed to terminated ECF Nos. 11, 32 & 38.
SO ORDERED.
Dated: November 25, 2024
New York, New York

JENNIFER
JJE
ENN
N IF
FER H. REARDEN
United
Un
U
ited States District Judge
Judg

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