Palermo v. JusLaw LLC et al

Filing 23

ORDER with respect to 20 Motion to Dismiss. On March 7, 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 s ervice of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that, pursuant to Rule 5.I of this Court's Individual Rules and Practices in Civil Cases, by March 17, 2025, the non-movin g party must notify the Court whether it intends to file an amended pleading or rely on the pleading being attacked. If Plaintiff elects to amend the complaint, Plaintiff shall file any amended complaint by March 28, 2025. Pursuant to Local Civil R ule 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 is on notice that there will likely not be any further opp ortunity 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 dismi ss 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 Plaintiff elects not to amend the pleadings, Plaintiff shall file any opposition to the motion to dismiss by March 28, 2025. Defendants' reply, if any, shall be filed by April 4, 2025. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 3/10/2025) (ar)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KIMBERLY PALERMO,
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Plaintiff
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-v:
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JUSLAW LLC, JUSGLOBAL, LLC and BEATRICE
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O’BRIEN,
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Defendants.
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24-CV-08671 (JAV)
ORDER

JEANNETTE A. VARGAS, United States District Judge:
On March 7, 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, pursuant to Rule 5.I of this Court’s Individual
Rules and Practices in Civil Cases, by March 17, 2025, the non-moving party must notify the Court
whether it intends to file an amended pleading or rely on the pleading being attacked.
If Plaintiff elects to amend the complaint, Plaintiff shall file any amended complaint by
March 28, 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 is on notice that there will
likely not be 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 Plaintiff elects not to amend the pleadings, Plaintiff shall file any opposition to the motion
to dismiss by March 28, 2025. Defendants’ reply, if any, shall be filed by April 4, 2025.
SO ORDERED.
Dated: March 10, 2025
New York, New York

____________________________ ___
JEANNETTE A. VARGAS
United States District Judge