International Labels LLC v. Sportlife Brands LLC

Background

On May 8, 2020, the defendants filed a motion to dismiss. This order addressed the procedure for responding to that motion; it did not rule on whether the motion should be granted or denied.

Required response

Under Rule 3.F. of the court’s Individual Practices in Civil Cases, International Labels LLC had to notify the court and the defendants in writing by May 18 whether it intended to file an amended pleading and when it would do so, or whether it would rely on the pleading challenged by the motion. The court warned that declining to amend promptly in response to fully briefed arguments could later constitute a waiver of the opportunity to use the amendment process to correct defects identified in the defendants’ briefing.

Possible next steps and disposition

If International Labels amended its pleading, the defendants could file an answer, file a new motion to dismiss, or state that they relied on their original motion. The order stated that it did not change the deadlines for amending, answering, or filing a motion under the Federal Rules of Civil Procedure or the Local Rules. The court adjourned the initial pretrial conference scheduled for May 29, 2020, pending resolution of the motion. Judge Alison J. Nathan did not grant or deny the motion to dismiss in this order.