Knight v. Stryker Corporation
- Alison Nathan
- 1:20-cv-02798
- U.S. District Court · Southern District of New York
- 2
In Knight v. Stryker Corporation, Judge Nathan ordered Knight to say whether she would amend her pleading and adjourned the pretrial conference.
The plaintiff had to choose whether to amend the challenged pleading or rely on it by May 21, 2020. If the plaintiff amended, the defendants could answer, file a new motion to dismiss, or rely on their original motion. The initial pretrial conference was adjourned.
What happened
In Knight v. Stryker Corporation, the defendants filed a motion asking the court to dismiss the case. The order did not decide that motion.
The court required the plaintiff, by May 21, 2020, to state whether she would file an amended pleading or rely on the existing pleading. If she amended, the defendants could answer, file a new dismissal motion, or rely on their original motion.
Judge Alison J. Nathan also adjourned the June 19, 2020 initial pretrial conference until the dismissal motion is resolved.
The detailed version
- Knight v. Stryker Corporation · No. 1:20-cv-02798
- Alison Nathan
- May 12, 2020
Background
The defendants filed a motion to dismiss on May 11, 2020. This order addressed the plaintiff’s response to that motion and did not decide whether dismissal was warranted.
What the Court Ordered
Under Rule 3.F. of the court’s Individual Practices in Civil Cases, the plaintiff had to notify the court and the defendants in writing by May 21, 2020, whether the plaintiff would file an amended pleading and when, or would rely on the pleading challenged by the defendants’ motion. The court warned that declining to amend in response to fully presented arguments might amount to giving up the opportunity to use the amendment process to cure defects identified in the defendants’ briefing.
If the plaintiff amended, the defendants could file an answer, file a new motion to dismiss, or submit a letter stating that they 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 and Effect
Judge Alison J. Nathan adjourned the initial pretrial conference, scheduled for June 19, 2020, pending resolution of the motion to dismiss. The order did not grant or deny that motion and did not resolve the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.