Dolan v. United Services Automobile Association

Filing 31

ORDER: On January 7, 2022, defendant moved to dismiss the consolidated complaint. (Doc. #28). Accordingly, it is hereby ORDERED that, by no later than January 17, 2022, plaintiffs must notify the Court by letter whether plaintiffs (i) intend to fil e an amended consolidated complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended consolidated complaint, the motion will proceed in t he regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. We lls Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended consoli dated complaint, plaintiffs must file the amendedconsolidated complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended consolid ate complaint; or (ii) file a motion to dismiss the amended consolidated complaint; or (iii) notify the Court by letter that defendant is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/10/2022) (ama)

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