American Immigration Visa Kits, Inc. v. Su
Filing
24
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by February 18, 2025. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by March 11, 2025, 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 he relies on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve a ny opposition to the motion to dismiss by February 18, 2025. Defendant's reply, if any, shall be served by March 4, 2025. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion pap ers 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 2/18/2025., Motions due by 3/11/2025.) (Signed by Judge Paul A. Engelmayer on 1/29/2025) (tg)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
AMERICAN IMMIGRATION VISA KITS, INC.,
D/B/A EB3.WORK,
-v-
Plaintiff,
24 Civ. 7627 (PAE)
ORDER
VINCE MICONE, ACTING SECRETARY, U.S.
DEPARTMENT OF LABOR, 1
Defendant.
PAUL A. ENGELMAYER, District Judge:
On January 28, 2025, defendant filed a motion to dismiss the complaint under Rule 12 of
the Federal Rules of Civil Procedure. Under Rule 15(a)(l)(B), a plaintiff has 21 days after the
service of a motion under Rule l 2(b) to amend the complaint once as a matter of course.
Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by
February 18, 2025. No further opportunities to amend will ordinarily be granted. If plaintiff
does amend, by March 11, 2025, 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 he relies on the
previously filed motion to dismiss. 2
It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any
opposition to the motion to dismiss by February 18, 2025. Defendant's reply, if any, shall be
1
The Clerk of Court is respectfully directed to substitute Vince Micone, who became Acting
Secretary of the U.S. Department of Labor on January 20, 2025, for the former Acting Secretary
as the defendant in this action, pursuant to Federal Rule of Civil Procedure 25(d).
If defendant files a new motion to dismiss or relies on his previous motion, plaintiffs
opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days
after that.
2
served by March 4, 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.
PAUL A. ENGELM YER
United States District Judge
Dated: Januaiy 29, 2025
New York, New York
2
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