Yang v. The Bank Of New York Mellon Corporation
- Alison Nathan
- 1:20-cv-03179
- U.S. District Court · Southern District of New York
- 2
In Yang v. The Bank of New York Mellon Corporation, Judge Nathan ordered a response to the dismissal motion and postponed the initial conference.
John “Jack” Yang and the defendants, including The Bank of New York Mellon Corporation, were required to follow the order’s procedures; the initial pretrial conference was postponed.
What happened
John “Jack” Yang sued The Bank of New York Mellon Corporation and other defendants. The defendants filed a motion asking the court to dismiss the complaint.
The court required Yang to notify the court and the defendants by July 3, 2020, whether he would file an amended complaint or rely on the existing one. The order did not decide the dismissal motion.
Judge Alison J. Nathan also postponed the initial pretrial conference until the motion is resolved. If Yang amends the complaint, the defendants may answer, file a new dismissal motion, or rely on their original motion.
The detailed version
- Yang v. The Bank Of New York Mellon Corporation · No. 1:20-cv-03179
- Alison Nathan
- June 25, 2020
Background
The defendants filed a motion to dismiss on June 22, 2020. The order does not describe the claims or the arguments in that motion.
Order
Under Rule 3.F. of the court’s Individual Practices in Civil Cases, the court required the plaintiff, by July 3, 2020, to notify the court and the defendants in writing whether he intended to file an amended pleading and when he would do so, or whether he would rely on the pleading challenged by the defendants’ motion.
The court warned that declining to amend in response to a fully briefed argument in the motion could result in waiver of the opportunity to use the amendment process to cure defects identified by the defendants. 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
The court did not grant or deny the motion to dismiss. It adjourned the initial pretrial conference scheduled for July 24, 2020, pending resolution of the motion. Judge Alison J. Nathan signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.