Opinion
21cv8273 (DLC)
11-28-2022
RICHARD BOSSUK, Plaintiff, v. AUGUSTA SPORTSWEAR, INC. et al., Defendants.
ORDER
DENISE COTE, District Judge
On November 22, 2022, the defendants moved for reconsideration of a November 8 Order terminating the defendants' November 4 motion to dismiss. Rule 12(b), Fed. R. Civ. P., states, "A motion asserting any of [the defenses listed in Rule 12(b)] must be made before pleading if a responsive pleading is allowed." Rule 12(b) motions to dismiss under those listed defenses that are filed after an answer are untimely. See, e.g., Lehrer v. J&M Monitoring, Inc., No. 20cv6956, 2022 WL 2392441, at *4 (S.D.N.Y. July 1, 2022) (collecting cases).
Therefore, it is hereby
ORDERED that the defendants'' November 22 motion for reconsideration is denied.