Boyce-Lazare v. Chex Systems, Inc.

Background

Chex Systems, Inc. filed a motion to dismiss on March 26, 2020. This order addressed the next steps under Rule 3.F. of the court's Individual Practices in Civil Cases; it did not rule on the motion to dismiss.

Required response

The court ordered Kimberly Boyce-Lazare to notify the court and Chex Systems in writing by April 8, 2020, whether she intended to file an amended pleading and when she would do so, or whether she would rely on the pleading challenged by the motion. The order warned that declining to amend in a timely response to a fully briefed argument could constitute a waiver of the right to use the amendment process to cure defects made apparent by the defendant's briefing.

If Boyce-Lazare amended, Chex Systems could file an answer, file a new motion to dismiss, or submit a letter stating that it relied on the original motion. The order stated that it did not change the deadlines for amending, answering, or moving under the Federal Rules of Civil Procedure or the court's Local Rules.

Disposition

The court adjourned the initial pretrial conference scheduled for June 5, 2020, pending resolution of the motion. Judge Alison J. Nathan did not grant or deny the motion to dismiss in this order. The opinion refers to the defendant's "October 22 motion," which appears inconsistent with its statement that the motion was filed on March 26, 2020; the order does not explain that reference.