Opinion
20 Civ. 4657 (PGG)
10-13-2021
MY MAVENS LLC, Plaintiff, v. GRUBHUB, INC., and WENJUN ZHANG, Defendants.
ORDER
PAUL G. GARDEPHE, U.S.D.J.
On August 4, 2021, this Court directed the parties to conduct discovery for 30 days on the statutes of limitations arguments raised in Defendants' proposed motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). (Dkt. No. 32) Defendant Grubhub, Inc. seeks to rely on documents and information produced in discovery in support of its argument that Plaintiffs claims are untimely. (See Dkt. No. 35)
“In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, . . . documents incorporated by reference in the complaint . . . [and documents] rendered] . . . ‘integral' to the complaint.” DiFolco v. MSNBC Cable LLC, 622 F.3d 104, 111 (2d Cir. 2010) (citations omitted). To the extent that Defendants seek to rely on discovery materials not properly before the Court on a Rule 12(b)(6) motion, they will style their motions as partial motions for summary judgment.
Defendants' deadline to file their motions is extended to October 20, 2021. Plaintiffs opposition will be filed by November 19, 2021. Any replies will be filed by November 29, 2021
SO ORDERED