Serengeti Express, LLC v. Chase Bank, N.A.
- P. Castel
- 1:19-cv-05487
- U.S. District Court · Southern District of New York
- 3
In Serengeti Express v. Chase Bank, Judge Castel granted leave to file a second amended complaint and set deadlines for a possible dismissal motion.
Serengeti Express, LLC and JP Morgan Chase Bank, N.A.; the order permits Serengeti to file a second amended complaint and sets deadlines for the bank’s possible motion to dismiss and the parties’ responses.
What happened
Serengeti Express, LLC v. Chase Bank, N.A. involved Serengeti’s request to file a second amended complaint against the defendant bank.
Serengeti said the bank failed to protect its account from unauthorized access and use. It described possible breach-of-contract and gross-negligence claims, but these allegations were not decided in this order.
Judge P. Kevin Castel granted leave to file the second amended complaint. He allowed the bank 21 days to file a motion to dismiss, followed by 21 days for Serengeti to respond and 14 days for the bank to reply.
The detailed version
- Serengeti Express, LLC v. Chase Bank, N.A. · No. 1:19-cv-05487
- P. Castel
- Nov. 12, 2019
Background
Serengeti Express, LLC asked for permission to file a second amended complaint. In a response to the bank’s pre-motion letter, Serengeti argued that its proposed claims were sufficient to survive a possible motion to dismiss.
Serengeti described allegations that the bank agreed to administer its account safely, allowed an unauthorized person to access and use the account, and failed to act after being told about the alleged breach. Serengeti characterized the claims as breach of contract and gross negligence. It also argued that the bank’s deadline defense depended on an incorrect understanding of when Serengeti notified the bank about the account.
Ruling
Judge Castel granted leave to file the second amended complaint. The order allowed the defendant to file a motion to dismiss within 21 days after the amended complaint, gave Serengeti 21 days to respond, and gave the defendant 14 days to reply. The order did not decide whether Serengeti’s contract or gross-negligence claims would ultimately succeed or survive dismissal.
Classification
This was a procedural order granting permission to amend the pleading and setting a schedule for a possible motion to dismiss.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.