Jones v. Orgain, LLC
- Vincent Briccetti
- 7:20-cv-08463
- U.S. District Court · Southern District of New York
- 1
In Jones v. Orgain, LLC, Judge Briccetti ordered plaintiff to choose whether to amend the complaint or rely on the existing complaint.
Tracey Jones and Orgain, LLC; the order set the next filing choices and deadlines for both parties.
What happened
In Tracey Jones v. Orgain, LLC, the defendant moved to dismiss the complaint on November 13, 2020. The court had not yet decided that motion.
The court ordered plaintiff to notify the court by November 23 whether plaintiff would file an amended complaint or rely on the existing complaint. If plaintiff amended, the amended complaint had to be filed within 14 days after the notice.
Judge Briccetti stated that, if plaintiff relied on the existing complaint, the dismissal motion would proceed under the ordinary schedule and the court was unlikely to allow another amendment later. The order set deadlines for defendant’s response to any amended complaint but did not grant or deny the dismissal motion.
The detailed version
- Jones v. Orgain, LLC · No. 7:20-cv-08463
- Vincent Briccetti
- Nov. 16, 2020
Background
On November 13, 2020, Orgain, LLC moved to dismiss Tracey Jones’s complaint. The order addressed how the case would proceed after that motion; it did not decide whether the complaint should be dismissed.
Court’s Order
The court ordered Jones to notify the court by November 23, 2020, whether Jones intended to file an amended complaint in response to the motion to dismiss or would rely on the complaint already filed.
If Jones chose not to amend, the motion to dismiss would proceed under the ordinary deadlines in the Federal Rules of Civil Procedure and the Southern District of New York’s Local Civil Rules, unless the court ordered otherwise. The court warned that it was unlikely to grant another opportunity to amend to address deficiencies identified by the fully briefed motion.
If Jones chose to amend, the amended complaint had to be filed no later than 14 days after notifying the court. Within 21 days after the amendment, Orgain could file an answer, file a new motion to dismiss, or notify the court that it would rely on its original motion to dismiss.
Disposition and Significance
Judge Vincent L. Briccetti issued a procedural scheduling order. The court did not grant or deny Orgain’s motion to dismiss, resolve the adequacy of the complaint, or decide the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.