Live Traffic Data Corp. v. Eberle Design Inc.

Background

Eberle Design, Inc. moved to dismiss Live Traffic Data Corp.’s complaint on December 11, 2020.

Court’s order

The court ordered Live Traffic Data to notify the court by December 21, 2020, whether it would:

1. file an amended complaint in response to the motion to dismiss; or 2. rely on the complaint already filed.

If Live Traffic Data chose not to amend, the motion to dismiss would proceed under the regular schedule. The court also stated that it was unlikely to give Live Traffic Data another opportunity to amend to address deficiencies made apparent by the fully briefed arguments in the motion.

If Live Traffic Data chose to amend, it had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, Eberle Design could answer the amended complaint, move to dismiss it, or notify the court that it would rely on its original motion to dismiss. The court said the deadlines for opposition and reply papers would otherwise be governed by the Federal Rules of Civil Procedure and the local civil rules.

Disposition

This order did not grant or deny the motion to dismiss and did not decide the merits of the complaint. It set procedures for deciding whether the plaintiff would amend its pleading and how the defendant could respond. Judge Vincent L. Briccetti issued the order on December 14, 2020.