Lewis v. ANSYS, Inc.
- Alison Nathan
- 1:19-cv-10427
- U.S. District Court · Southern District of New York
- 2
In Lewis v. ANSYS, Inc., Judge Nathan required Lewis to choose whether to amend his pleading after ANSYS moved to dismiss or compel arbitration.
Craig Lewis and ANSYS Inc.; the order required Lewis to state whether he would amend his pleading and postponed the initial pretrial conference.
What happened
In Lewis v. ANSYS, Inc., ANSYS filed a motion on April 6, 2020, asking the court to dismiss the case or require arbitration.
The court ordered Craig Lewis to notify the court and ANSYS by April 20 whether he would amend his pleading or rely on the pleading ANSYS challenged. If Lewis amended it, ANSYS could answer, file a new dismissal motion, or rely on its original motion.
Judge Alison J. Nathan did not decide the motion to dismiss or compel arbitration in this order. She postponed the April 21 initial pretrial conference until the motion is resolved.
The detailed version
- Lewis v. ANSYS, Inc. · No. 1:19-cv-10427
- Alison Nathan
- Apr. 16, 2020
Background
On April 6, 2020, ANSYS Inc. filed a motion to dismiss or to compel arbitration. The order also refers to an October 22 motion to dismiss, but it does not explain that reference further.
Order
Under Rule 3.F. of the court’s Individual Practices in Civil Cases, the court directed Craig Lewis to notify the court and ANSYS in writing by April 20 whether he intended to file an amended pleading and when he would do so, or whether he would rely on the pleading challenged by ANSYS. The court warned that declining to amend in response to a fully briefed argument may result in a waiver of the opportunity to use the amendment process to correct defects identified in ANSYS’s briefing.
If Lewis amended his pleading, ANSYS could file an answer, file a new motion to dismiss, or submit a letter stating that it relied on its original motion. The order stated that it did not change the deadlines for amending, answering, or filing motions under the Federal Rules of Civil Procedure or the Local Rules.
Disposition
The order did not grant or deny ANSYS’s motion to dismiss or compel arbitration. It adjourned the initial pretrial conference scheduled for April 21, 2020, pending resolution of the motion. Judge Alison J. Nathan issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.