Opinion
21 Civ. 5681 (PGG)
11-19-2021
KATIE MALONEY WALLACE, Plaintiff, v. FUNDATION GROUP LLC, Defendant.
ORDER
Paul G. Gardephe United States District Judge
On June 25, 2021, Plaintiff Katie Maloney Wallace filed a petition in Supreme Court of the State of New York, New York County, to vacate in pail, and affirm in part, an arbitration award. (Dkt. No. 1-1) Defendant Fundation Group LLC removed the petition to this Court on June 30, 2021. (Dkt. No. 1)
On September 7, 2021, Defendant filed a motion to dismiss the Petition and confirm the arbitration award. (Dkt. No. 12) On September 28, 2021, Plaintiff filed an Amended Complaint. (Dkt. No. 14) The Amended Complaint adds additional factual allegations and a claim for a declaratory judgment modifying the arbitration award to add prejudgment interest. (Id. ¶¶ 132-36) Plaintiff also contends that the motion to dismiss should be ■ denied as moot. (Dkt. No. 15)
Defendant will supplement its motion to dismiss by December 3, 2021, to address the new factual allegations and the declaratory judgment claim in the Amended Complaint. Plaintiff will file any opposition by December 17, 2021.