Alliaud et al v. Payoneer, Inc.

Filing 25

ORDER: Accordingly, it is hereby ORDERED that plaintiffs shall file any amended complaint by December 17, 2024. No further opportunities to amend will ordinarily be granted. If plaintiffs do amend, by January 7, 2025, defendant shall: (I) file an an swer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiffs, stating that it relies on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiffs shall serve an y opposition to the motion to dismiss by December 17, 2024. Defendants' reply, if any, shall be served by January 2, 2025. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. ( Amended Pleadings due by 12/17/2024., Motions due by 1/7/2025.) (Signed by Judge Paul A. Engelmayer on 11/26/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARIA ANGELA ALLIAUD et al.,
-v-

Plaintiffs,

24 Civ. 5378 (PAE)
ORDER

PAYO NEER INC.,
Defendant.
PAUL A. ENGELMAYER, District Judge:

On November 25, 2024, defendant filed a motion to dismiss the complaint under Rule 12
of the Federal Rules of Civil Procedure. Under Rule l 5(a)(l )(B), a plaintiff has 21 days after the
service of a motion under Rule 12(b) to amend the complaint once as a matter of course.
Accordingly, it is hereby ORDERED that plaintiffs shall file any amended complaint by
December 17, 2024. No further opportunities to amend will ordinarily be granted. If plaintiffs
do amend, by January 7, 2025, defendant shall: (I) file an answer; (2) file a new motion to
dismiss; or (3) submit a letter to the Court, copying plaintiffs, stating that it relies on the
previously filed motion to dismiss. 1
It is further ORDERED that if no amended complaint is filed, plaintiffs shall serve any
opposition to the motion to dismiss by December 17, 2024. Defendants' reply, if any, shall be
served by January 2, 2025. At the time any reply is served, the moving party shall supply the
Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the
Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007.

1

If defendant files a new motion to dismiss or relies on its previous motion, plaintiffs'
opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days
after that.

SO ORDERED.

PAUL A. ENGELMAYER
United States District Judge

Dated: November 26, 2024
New York, New York

2