Study Edge, LLC v. N.Y.C. Department of Education

Background

Study Edge, LLC brought this case against the N.Y.C. Department of Education. The opinion does not identify the claims or explain the factual allegations. On November 19, 2020, the Department of Education filed a motion to dismiss under the court’s docket entry 12.

Order

Under Rule 3.F of Judge Nathan’s individual practices for civil cases, Study Edge had to notify the court and the Department of Education in writing by December 4, 2020, 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 to dismiss.

The court warned that declining to amend promptly in response to fully briefed arguments identifying defects could constitute a waiver of the right to use the amendment process to cure those defects. The order did not change any deadlines for amending, answering, or filing a motion under the Federal Rules of Civil Procedure or the court’s local rules.

Possible next steps

If Study Edge amended its pleading, the Department of Education could file an answer, file a new motion to dismiss, or submit a letter stating that it relied on its original motion.

Disposition

Judge Alison J. Nathan issued a case-management order requiring Study Edge to state whether it would amend its pleading or rely on the existing pleading. The court did not grant or deny the motion to dismiss and did not decide the merits of the case.