Chaperon et al v. Banks et al

Filing 62

ORDER denying as moot 48 Motion to Dismiss In light of the filing of the First Amended Complaint, ECF No. 61, Defendants' motion to dismiss the original Complaint, ECF No. 48, is DENIED without prejudice as moot. Defendants shall respond to the First Amended Complaint by October 14, 2024. If Defendants renew their motion to dismiss, Plaintiff shall file any opposition to the renewed motion by October 28, 2024. Defendants shall file any reply by November 4, 2024. Additionally, by Septem ber 26, 2024, Plaintiffs shall file "a redline showing all differences between the original and" amended Complaint in compliance with the Court's Individual Rules and Practices in Civil Cases. See R. 1.D. The Clerk of Court is directed to terminate ECF No. 48. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/24/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EILEEN MENDEZ et al.,
Plaintiffs,
-v.DAVID C. BANKS and the NEW YORK
CITY DEPARTMENT OF EDUCATION,

24 Civ. 5135 (JHR)
ORDER

Defendants.
JENNIFER H. REARDEN, District Judge:
In light of the filing of the First Amended Complaint, ECF No. 61, Defendants’ motion to
dismiss the original Complaint, ECF No. 48, is DENIED without prejudice as moot.
Defendants shall respond to the First Amended Complaint by October 14, 2024. If
Defendants renew their motion to dismiss, Plaintiff shall file any opposition to the renewed
motion by October 28, 2024. Defendants shall file any reply by November 4, 2024.
Additionally, by September 26, 2024, Plaintiffs shall file “a redline showing all
differences between the original and” amended Complaint in compliance with the Court’s
Individual Rules and Practices in Civil Cases. See R. 1.D.
The Clerk of Court is directed to terminate ECF No. 48.
SO ORDERED.
Dated: September 24, 2024
New York, New York

JENNIFER H. REARDEN
United States District Judge