Jane Street Group, LLC v. Millennium Management LLC
- Paul Engelmayer
- 1:24-cv-02783
- U.S. District Court · Southern District of New York
- 2
In Jane Street Group v. Millennium Management, Judge Engelmayer set deadlines for amending pleadings and briefing pending motions.
Jane Street Group, LLC and the defendants, including Millennium Management LLC, because the order set deadlines for amending counterclaims and affirmative defenses and responding to the pending motions.
What happened
Jane Street Group, LLC filed motions asking the court to dismiss Millennium Management LLC and other defendants’ counterclaims and to strike certain affirmative defenses.
The court gave defendants until June 21, 2024, to amend or withdraw their counterclaims, and until June 10, 2024, to amend their affirmative defenses. The order also set deadlines for responses and replies depending on whether defendants amended or withdrew those filings.
Judge Engelmayer did not decide the motions to dismiss or strike. Instead, he granted defendants leave to amend their affirmative defenses and set a schedule for the parties’ next filings.
The detailed version
- Jane Street Group, LLC v. Millennium Management LLC · No. 1:24-cv-02783
- Paul Engelmayer
- June 3, 2024
Background
On May 31, 2024, Jane Street Group, LLC filed motions under Rule 12 of the Federal Rules of Civil Procedure. One motion sought dismissal of defendants’ counterclaims, and the other sought to strike certain affirmative defenses.
Counterclaims
The court explained that Rule 15(a)(1)(B) allows a defendant 21 days after service of a Rule 12 motion to amend its counterclaims once without needing the court’s permission. The court ordered defendants to file amended counterclaims or notify the court that they withdrew their counterclaims by June 21, 2024. The court stated that no further opportunities to amend would ordinarily be granted.
If defendants amended their counterclaims, Jane Street was required by July 5, 2024, to file an answer, file a new motion to dismiss, or notify the court that it relied on its earlier motion. If defendants neither amended nor withdrew their counterclaims, they were required to serve their opposition to the motion to dismiss by June 21, 2024. Jane Street’s reply, if any, would be due June 28, 2024. If Jane Street filed a new motion or relied on its earlier motion, the order set additional deadlines of seven days for defendants’ opposition and five days afterward for Jane Street’s reply.
Affirmative defenses
As to the motion to strike, the court granted defendants leave under Rule 15(a)(2) to amend their affirmative defenses. Defendants were required to file any amended affirmative defenses by June 10, 2024.
If defendants amended, Jane Street was required by June 19, 2024, to file a new motion to strike, notify the court that it relied on its earlier motion, or notify the court that it did not intend to move to strike the affirmative defenses at that time. If defendants did not amend, they were required to serve any opposition to the motion to strike by June 10, 2024. Jane Street’s reply, if any, would be due June 14, 2024. If Jane Street filed a new motion or relied on its earlier motion, defendants’ opposition would be due seven days later and Jane Street’s reply five days after that.
Disposition
Judge Paul A. Engelmayer granted defendants leave to amend their affirmative defenses and established deadlines for potential amendments, withdrawal, and briefing. The order did not resolve the merits of Jane Street’s motions to dismiss or strike.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.