Yang v. Portfolio Recovery Associates, LLC

Background

On November 19, 2019, Portfolio Recovery Associates, LLC moved to dismiss Inho Yang’s complaint.

Order

The court ordered Yang to notify the court by December 2, 2019, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already challenged by the motion.

If Yang chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give Yang another opportunity to amend based on deficiencies revealed by the fully briefed motion.

If Yang chose to amend, he had to file the amended complaint within 14 days after notifying the court of that decision. Within 21 days after the amendment, Portfolio Recovery Associates could answer, move to dismiss the amended complaint, or notify the court that it was relying on its original motion to dismiss. The deadlines for opposition and reply papers would otherwise be governed by the Federal Rules of Civil Procedure and the court’s local rules.

Disposition and Significance

The order did not grant or deny the motion to dismiss and did not decide the merits of the complaint. It directed the parties on how to proceed while giving Yang the choice whether to amend. Judge Vincent L. Briccetti signed the order on November 20, 2019.