Lodging Solutions, LLC v. Miller
- Alison Nathan
- 1:19-cv-10806
- U.S. District Court · Southern District of New York
- 2
In Lodging Solutions v. Miller, Judge Nathan set a deadline to respond to the motion to dismiss and postponed the initial pretrial conference.
Lodging Solutions, LLC and the defendants—Robert Miller, Fleetcor Technologies, Inc., Travelliance, Inc., and Corporate Lodging Consultants, Inc.—were affected by the briefing and pleading deadlines and the postponed initial pretrial conference.
What happened
Lodging Solutions, LLC sued Robert Miller and three other defendants. On February 28, 2020, the defendants filed a motion asking the court to dismiss the case.
The court ordered Lodging Solutions to notify the court and the defendants by March 9 whether it would amend its pleading or rely on the existing pleading. If Lodging Solutions amended, the defendants could answer or file a new motion to dismiss.
Judge Alison J. Nathan did not decide the motion to dismiss in this order. She postponed the initial pretrial conference until the motion was resolved.
The detailed version
- Lodging Solutions, LLC v. Miller · No. 1:19-cv-10806
- Alison Nathan
- Feb. 28, 2020
Background
Lodging Solutions, LLC, doing business as Accommodations Plus International, brought this case against Robert Miller, Fleetcor Technologies, Inc., Travelliance, Inc., and Corporate Lodging Consultants, Inc. On February 28, 2020, the defendants filed a motion to dismiss.
Order
Under Rule 3.F of Judge Nathan’s Individual Practices in Civil Cases, the court required Lodging Solutions to notify the court and the defendants in writing by March 9, 2020, whether it intended to file an amended pleading and when, or whether it would rely on the pleading challenged by the motion to dismiss. The court warned that declining to amend in response to fully briefed arguments could waive the opportunity to use the amendment process to cure defects identified in the defendants’ briefing.
If Lodging Solutions amended its pleading, the defendants could either file an answer or file a new motion to dismiss. The order stated that it did not change the deadlines provided by the Federal Rules of Civil Procedure or the court’s local rules.
Effect
The order did not grant or deny the motion to dismiss and did not decide the merits of the parties’ claims. Judge Alison J. Nathan adjourned the initial pretrial conference scheduled for April 21, 2020, pending resolution of the motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.