Global Art Exhibitions, Inc. v. Kuhn & Bulow Italia Insurance Broker GmbH

Background

On September 14, 2020, the insurer defendants filed a motion to dismiss. The order addresses the plaintiff's options after that motion, but it does not describe or resolve the motion's arguments.

Directions to the Plaintiff

Under Rule 3.F. of the court's Individual Practices in Civil Cases, Global Art Exhibitions had to notify the court and the defendants in writing by September 25 whether it intended to file an amended pleading, and when, or whether it would rely on the pleading challenged by the motion to dismiss.

The court warned that declining to amend promptly in response to a fully briefed argument could constitute a waiver of the plaintiff's ability 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 court also directed the plaintiff to provide a status update by September 25 concerning its efforts to serve Defendant Kuhn & Bulow Italia Versicherungsmakler GmbH. The court stated that the order did not change the time to amend, answer, or file a motion under the Federal Rules of Civil Procedure or the Local Rules, or the briefing schedule adopted in the court's July 15, 2020 order.

Disposition

This was a procedural scheduling and case-management order. Judge Alison J. Nathan did not grant or deny the motion to dismiss and did not decide the merits of the case.