20230930-DK-Butterfly-1, Inc. v. Cohen et al

Filing 16

ORDER. Having reviewed the parties' pre-motion letters, dated October 4, 2024 and October 9, 2024, the Court has determined that defendants may bring their motion to dismiss without the necessity of a pre-motion conference. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/25/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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20230930-DK-BUTTERFLY-1, INC.,
Plaintiff,
- against RYAN COHEN and RC VENTURES LLC,

ORDER

Defendants.
------------------------------------X
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE
Having

reviewed

the

parties’

24 Civ. 5874 (NRB)

pre-motion

letters,

dated

October 4, 2024 and October 9, 2024, the Court has determined that
defendants may bring their motion to dismiss without the necessity
of a pre-motion conference.
Plaintiff is reminded that if, consistent with Rule 11, he
can assert additional allegations to cure any alleged deficiencies
raised by defendants’ letter, it would be in the best interest of
both the parties and the Court for plaintiff to assert them now,
before briefing on the proposed motions.

Plaintiff is thus

granted leave to file an amended complaint within two weeks of
this Order.

At that time, if no amended complaint has been filed,

the parties should confer on a briefing schedule agreeable to both
sides, in which no more than sixty days elapse from the filing of
defendants’ motion to the filing of defendants’ reply.
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SO ORDERED.
Dated:

New York, New York
October 25, 2024
_
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE

2