Opinion
21 CV 8114(VB)
11-09-2021
MICHAEL MILLER, M.D., Plaintiff, v. CRYSTAL RUN HEALTH CARE, LLP, and its related entities “CRH”; CRYSTAL RUN HEALTH CARE PHYSICIANS, LLP; MONTEFIORE CONSOLIDATED VENTURES, INC.; CRH BOARD OF MANAGERS; HAL TEITELBAUM, M.D., individually and in his capacity as an officer of CRH; ERIC BARBANEL, M.D., individually and in his capacity as an officer of CRH; RICHARD FUCHS, M.D., individually and in his capacity as an officer of CRH; JOHN/JANE DOE 1-9 members of the CRH Board of Managers whose names are not currently known to Plaintiff; DOUGLAS SANSTED, ESQ., individually and in his capacity as Chief Legal Officer of CHR; and MARY DE FREITAS, individually and in her capacity as director of CRH Human Resource Department, Defendants.
ORDER
VINCENT L. BRICCETTI UNITED STATES DISTRICT JUDGE
On November 8, 2021, defendants moved to dismiss the complaint. (Doc. #9).
Accordingly, it is hereby ORDERED that, by no later than November 18, 2021, plaintiff must notify the Court by letter whether he (i) intends to file an amended 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 plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants' motion. See Lorelev Fin. (Jersey) No. 3 Ltd, v. Wells 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 Cap, 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 plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of his intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss.
SO ORDERED: