Chung v. J.H. Whitney Capital Partners, LLC

Filing 12

ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by September 19, 2024. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by October 10, 2024, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall ser ve any opposition to the motion to dismiss by September 19, 2024. Defendant's reply, if any, shall be served by October 3, 2024. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all moti on papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED (Signed by Judge Paul A. Engelmayer on 8/29/2024) ( Amended Pleadings due by 9/19/2024., Motions due by 10/10/2024.) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANN K. CHUNG,
-v-

Plaintiff,

J.H. WHITNEY CAPITAL PARTNERS, LLC,

24 Civ. 5864 (PAE)
ORDER

Defendant.
PAUL A. ENGELMAYER, District Judge:
On August 29, 2024, defendant filed a motion to dismiss the complaint under Rule
12(b)(6) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(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 plaintiff shall file any amended complaint by
September 19, 2024. No further opportunities to amend will ordinarily be granted. If plaintiff
does amend, by October 10, 2024, defendant shall: (1) file an answer; (2) file a new motion to
dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the
previously filed motion to dismiss.1
It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any
opposition to the motion to dismiss by September 19, 2024. Defendant’s reply, if any, shall be
served by October 3, 2024. 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.

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

SO ORDERED.

PaJA.�

__________________________________
PAUL A. ENGELMAYER
United States District Judge

Dated: August 29, 2024
New York, New York

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