Lopez Aguilar v. Empire Bagels Harrison Inc.
- Philip Halpern
- 7:23-cv-09229
- U.S. District Court · Southern District of New York
- 2
Lopez Aguilar v. Empire Bagels: Judge Halpern granted leave to amend, set filing deadlines, and allowed limited additional discovery.
The plaintiff and defendants in the case, including the defendants’ amendment-related discovery rights.
What happened
In Lopez Aguilar v. Empire Bagels Harrison Inc., the plaintiff asked to amend the complaint, and the defendants opposed the request. The court heard arguments at a June 11, 2024 pre-motion conference.
The court treated the plaintiff’s letter as the motion and the defendants’ letter as their opposition. It granted the plaintiff leave to amend the complaint under Rule 15(a)(2).
Judge Halpern ordered the plaintiff to file the amended complaint by June 14, 2024, and the defendants to answer by June 24, 2024. The defendants may also serve five additional interrogatories and additional document requests related to the amendment.
The detailed version
- Lopez Aguilar v. Empire Bagels Harrison Inc. · No. 7:23-cv-09229
- Philip Halpern
- June 11, 2024
Background
A pre-motion conference was held on June 11, 2024. The plaintiff contemplated seeking permission to amend the complaint under Federal Rule of Civil Procedure 15(a)(2), which governs amendments requiring the court’s permission. The defendants opposed the request through a response letter.
Court’s Action
The court treated the plaintiff’s pre-motion letter as the motion for leave to amend and the defendants’ response letter as the opposition. After hearing the parties’ arguments, the court granted the motion for leave to amend the complaint.
Deadlines and Discovery
The court directed the plaintiff to file the First Amended Complaint by June 14, 2024. The defendants must file their answer by June 24, 2024. Because of the amendment, the defendants may serve five additional interrogatories beyond the twenty-five-interrogatory limit, as well as additional document requests as needed based on the amendment.
Scope of the Order
This order addresses amendment of the complaint and related discovery. It does not state a ruling on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.