Opinion
22-CV-2418 (VSB)
10-18-2022
CRISTIAN SANCHEZ, Plaintiff, v. THE HEAT FACTORY, INC., Defendant.
ORDER
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE
On October 6, 2022, I ordered Defendant to file a letter indicating whether its motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss, or if I should evaluate Defendant's current motion to dismiss in light of the facts alleged in the amended complaint. (Doc. 18.) Defendant filed a letter on October 13, 2022 stating that “defendant believes that [the amended complaint] obviated some - but not all - of defendant's original motion to dismiss,” and therefore Defendant plans to file a new motion to dismiss. (Doc. 19.) Accordingly, it is hereby:
ORDERED that Defendant shall file a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3) by October 28, 2022.
SO ORDERED.