Blanch v. Schiff et al

Filing 67

ORDER: Accordingly, it is hereby ORDERED that the September 30, 2019, Order to Show Cause (ECF No. 60) is deemed moot. In light of this, Plaintiff is directed to file a Third Amended Complaint on or before January 3, 2020. The Third Amended Compla int will completely replace, not supplement, the Second Amended Complaint. The Third Amended Complaint must include all of the factual allegations underlying Plaintiffs claims. Plaintiff is warned that, while leave to amend is to be freely given, "piecemeal pleading" is impermissible. See, e.g., Zito v. Leasecomm Corp., No. 02 CIV.8074 GEL, 2004 WL 2211650, at *26 (S.D.N.Y. Sept. 30, 2004). A Third Amended Civil Rights Complaint Form that Plaintiff should complete is attached to this order. If Plaintiff files an amended complaint, the Clerk of the Court will, if necessary, send instructions to Plaintiff to effect service on Defendants in accordance with Rule 4 of the Federal Rules of CivilProcedure.Should Plaintiff fail to timely amend the complaint, the Second Amended Complaint at ECF No. 30 shall be deemed the operative complaint. Defendants are granted leave to file their motion to dismiss, and to serve Plaintiff at the address listed on the docket on or before J anuary 31, 2020. The parties' briefing schedule is as follows: Plaintiffs opposition shall be served, not filed, on or before March 2, 2020. Defendants' reply shall be served on or before March 17, 2020. Defendants are directed to file al l motion documents, including Plaintiffs opposition, on March 17, 2020. The parties are reminded that they are to provide the Court with two courtesy copies of each submission on the date they serve that submission on their opponent. The Clerk of t he Court is respectfully directed to mail a copy of this Order to Plaintiff at his address on the docket and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/2/2019) ( Amended Pleadings due by 1/3/2020., Motions due by 3/17/2020., Responses due by 3/17/2020) (ks) Transmission to Docket Assistant Clerk for processing.