Regal Games LLC v. SellerX Germany GmbH, et al.
- Vernon Broderick
- 1:24-cv-04337
- U.S. District Court · Southern District of New York
- 1
In Regal Games v. SellerX Germany, Judge Broderick ordered defendants to choose whether their pending dismissal motion was moot or should be evaluated.
Regal Games and the defendants are affected. Defendants must tell the court whether they want the pending motion to dismiss treated as moot or evaluated under the amended complaint.
What happened
In Regal Games LLC v. SellerX Germany GmbH, et al., Regal Games filed an amended complaint on November 19, 2025, while defendants’ motion to dismiss was still pending.
The court explained that, after a proper amendment, it could either treat the pending motion as moot or evaluate it using the amended complaint’s allegations.
Judge Vernon S. Broderick ordered defendants to file a letter by November 26, 2025, stating which option they preferred. The court did not decide the motion to dismiss in this order.
The detailed version
- Regal Games LLC v. SellerX Germany GmbH, et al. · No. 1:24-cv-04337
- Vernon Broderick
- Nov. 20, 2025
Background
On November 19, 2025, Regal Games filed an amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). Defendants had already filed a motion to dismiss, and that motion was still pending.
Court’s analysis
The court stated that when a plaintiff properly amends a complaint while a motion to dismiss remains pending, the court may either deny the pending motion as moot or evaluate the motion based on the allegations in the amended complaint.
Order
The court ordered defendants to file a letter by November 26, 2025, choosing whether the pending motion to dismiss should be treated as moot, without prejudice to filing a new motion under Rule 15(a)(3), or whether the court should evaluate the existing motion using the amended complaint. The order did not rule on the merits of the motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.