From Casetext: Smarter Legal Research

Donoghue v. Oaktree Specialty Lending Corp.

United States District Court, Southern District of New York
Jul 15, 2021
21 Civ. 4770 (PAE) (S.D.N.Y. Jul. 15, 2021)

Opinion

21 Civ. 4770 (PAE)

07-15-2021

DEBORAH DONOGHUE AND MARK RUBENSTEIN., Plaintiffs, v. OAKTREE SPECIALTY LENDING CORPORATION, Nominal Defendant. AND LEONARD M. TANNENBAUM, Defendant.


ORDER

PAUL A. ENGELMAYER, UNITED STATES DISTRICT JUDGE

On July 15, 2021, defendant filed a motion to dismiss the complaint under Rule 12 of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has 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 August 5, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by August 26, 2021, 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 they rely on the previously filed motion to dismiss.

If defendant files a new motion to dismiss or rely on their previous motion, plaintiffs opposition will be due 14 days thereafter, and defendant's reply, if any, will be due seven days after that.

It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by August 5, 2021. Defendant's reply, if any, shall be served by August 19, 2021. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nYsd.uscourts.gov.

The Court will determine later, after receipt of plaintiffs anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument.

SO ORDERED.


Summaries of

Donoghue v. Oaktree Specialty Lending Corp.

United States District Court, Southern District of New York
Jul 15, 2021
21 Civ. 4770 (PAE) (S.D.N.Y. Jul. 15, 2021)
Case details for

Donoghue v. Oaktree Specialty Lending Corp.

Case Details

Full title:DEBORAH DONOGHUE AND MARK RUBENSTEIN., Plaintiffs, v. OAKTREE SPECIALTY…

Court:United States District Court, Southern District of New York

Date published: Jul 15, 2021

Citations

21 Civ. 4770 (PAE) (S.D.N.Y. Jul. 15, 2021)