Opinion
21-cv-2644 (AJN)
06-01-2021
Yani Ong, Plaintiff, v. Deloitte Consulting LLP, Defendant.
ORDER
ALISON J. NATHAN, UNITED STATES DISTRICT JUDGE
On May 25, 2021, the Defendant filed a motion to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before June 11, 2021, the Plaintiff must notify the Court and their adversary in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. The Plaintiff is on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendant's motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley 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”).
If the Plaintiff chooses to amend, the Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they rely on the initially filed motion to dismiss.
Nothing in this Order alters the time to amend, answer, or move provided by the Federal Rules of Civil Procedure or Local Rules.
The initial pretrial conference scheduled for July 2, 2021, is adjourned pending disposition of the motion to dismiss.
SO ORDERED.