Blockchain Technologies Corporation v. RVH Inc.

Background

The case involves Blockchain Technologies Corp. as plaintiff and counterclaim defendant; RVH Inc. and others as defendants and counterclaim plaintiffs; RVH Inc. and others as third-party plaintiffs; and Nikolaos Spanos and others as third-party defendants. On February 14, 2020, third-party defendant The Synapse Foundation filed a motion to dismiss the third-party complaint.

Order

Under Rule 3.F of the court’s individual practices, the third-party plaintiffs had to notify the court and the other parties by February 24 whether they intended to file an amended pleading and when, or whether they would rely on the pleading challenged by the motion. The court warned that declining to amend promptly in response to a fully briefed argument might waive the third-party plaintiffs’ right to use amendment to cure defects made apparent by the motion. The court cited an appellate decision discussing circumstances that can support denying leave to amend, including undue delay, bad faith, dilatory motive, and futility.

If the third-party plaintiffs amended, The Synapse Foundation could file an answer, file a new motion to dismiss, or state that it relied on its original motion. The court also stated that the order did not change the deadlines for amending, answering, or moving under the Federal Rules of Civil Procedure or the local rules.

Disposition

The order did not grant or deny the motion to dismiss and did not decide the adequacy of the third-party complaint. It set a response deadline and provided instructions for the possible next steps. The order was signed by Alison J. Nathan, United States District Judge.