Opinion
21 Civ. 6497 (PAE) 21 Civ. 5739 (PAE)
11-22-2021
KENT J. RODRIGUEZ, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. DRAFTKINGS INC. f/k/a DIAMOND EAGLE ACQUISITION CORP., JASON D. ROBINS, JASON K. PARK, JEFF SAGANSKY, and ELI BAKER, Defendants. MICHIEL TEN HOORN, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. DRAFTKINGS INC. f/k/a DIAMOND EAGLE ACQUISITION CORP., JASON D. ROBINS, JASON K. PARK, JEFF SAGANSKY, and ELI BAKER, Defendants.
ORDER
PAUL A. ENGELMAYER, District Judge.
The Court has received the parties' joint letter proposing dates for the filing of a consolidated amended complaint and defendants' response thereto. Dkt. 48. The Court adopts the proposed schedule as modified below.
• Deadline for lead plaintiff to file consolidated amended complaint: January 11, 2022.
• Deadline for defendants to respond to consolidated amended complaint by Answer or motion to dismiss: February 22, 2022.
• If defendants respond to the amended complaint by motion to dismiss, deadline for lead plaintiff to file opposition papers: April 5, 2022.
• Deadline for defendants to file reply: April 26, 2022.
If lead plaintiff chooses to amend the complaint rather than oppose defendants' motion to dismiss, lead plaintiffs second amended complaint will be due April 5, 2022. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by April 26, 2022, defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying lead plaintiff, stating that they rely on the previously filed motion to dismiss
If defendants file a new motion to dismiss or rely on their previous motion, plaintiffs opposition will be due 14 days thereafter, and defendants' reply, if any, will be due seven days after that.
SO ORDERED.