Doe v. Combs et al

Filing 53

ORDER with respect to 50 Motion to Dismiss. On March 11, 2025, Defendants filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days af ter 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 April 1, 2025. Pursuant to Local Civil Rule 15.1, available at https: //www.nysd.uscourts.gov/rules, any amended complaint should be filed with a redline showing all differences between the original and revised filings. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously f iled motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss or indicate that they rely on their previously filed motio n to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by April 1, 2025. Defen dants reply, if any, shall be filed by April 8, 2025. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for April 9, 2025 is adjourned sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2025) (ar)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOHN DOE,
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Plaintiff,
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-v:
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SEAN COMBS et al.,
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Defendants.
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24-CV-7974 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
On March 11, 2025, Defendants filed a motion to dismiss the complaint under Rule 12(b)
of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (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
April 1, 2025. Pursuant to Local Civil Rule 15.1, available at
https://www.nysd.uscourts.gov/rules, any amended complaint should be filed with a redline
showing all differences between the original and revised filings. Plaintiff will not be given any
further opportunity to amend the complaint to address issues raised by the motion to dismiss.
If Plaintiff does amend, by three (3) weeks after the amended complaint is filed,
Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF
stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a
new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If
Defendants file a new motion to dismiss or indicate that they rely on their previously filed
motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed
within seven days of any opposition.
If no amended complaint is filed, Plaintiff shall file any opposition to the motion to
dismiss by April 1, 2025. Defendants’ reply, if any, shall be filed by April 8, 2025.
Finally, it is further ORDERED that the initial pretrial conference previously scheduled
for April 9, 2025 is adjourned sine die.
SO ORDERED.
Dated: March 12, 2025
New York, New York

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JESSE M. FURMAN
United States District Judge