Opinion
20-CV-10157 (JMF)
08-13-2021
CHRISTIAN SANCHEZ, Plaintiff, v. DENBY USA LIMITED. Defendant.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
On August 12, 2021, Defendant filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of coiuse.
Accordingly, it is hereby ORDERED that, notwithstanding the briefing schedule adopted on July 14, 2021, ECF No. 21, Plaintiff shall file any amended complaint by September 2, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss.
If Plaintiff does amend, by thr ee (3) weeks after the amended complaint is filed. Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Coiul will deny the previously filed motion to dismiss as moot. If Defendant files a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition.
If no amended complaint is filed, notwithstanding the briefing schedule adopted on July 14, 2021, ECF No. 21, Plaintiff shall file any opposition to the motion to dismiss by September 2, 2021. Defendant's reply, if any, shall be filed by September 9, 2021.
SO ORDERED.