Opinion
22-CV-4375 (JMF)
07-21-2022
VANESSA JIMENEZ, individually and on behalf of all others similarly situated, Plaintiff, v. PRO THERAPY SUPPLIES, LLC, Defendant.
ORDER
JESSE M. FURMAN, DISTRICT JUDGE
On July 20, 2022, Defendant filed a notice of motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. ECF No. 12. Although the notice of motion references an “enclosed memorandum of law,” Defendant did not file a memorandum of law in support of its motion. Defendant's motion to dismiss is therefore DENIED as unsupported. This denial is without prejudice to Defendant seeking a nunc pro tunc extension of its answer deadline for the limited purpose of refiling its motion to dismiss with an accompanying memorandum of law in the event that the failure to timely file a memorandum by the July 20, 2022 answer deadline was inadvertent or Defendant can otherwise show good cause for the untimely filing. The Clerk of Court is directed to terminate ECF No. 12.
SO ORDERED.