Marmol v. Krasdale Foods, Inc.
- Vincent Briccetti
- 7:20-cv-08711
- U.S. District Court · Southern District of New York
- 1
In Marmol v. Krasdale Foods, Judge Briccetti ordered plaintiff to choose whether to amend her complaint or proceed against defendants’ dismissal motion.
Yolisbeth Marmol, Krasdale Foods, Inc., and Alpha 1 Marketing Corp.; the order set deadlines and procedural choices concerning the defendants’ motion to dismiss and any amended complaint.
What happened
In Marmol v. Krasdale Foods, Inc., defendants moved to dismiss the complaint on December 18, 2020. The order did not decide that motion.
The court required Yolisbeth Marmol to notify the court by December 28 whether she would file an amended complaint or rely on her existing complaint. If she chose to amend, she had 14 days after notifying the court to file the amended complaint.
Judge Vincent L. Briccetti ordered that, after an amendment, defendants could answer, move to dismiss the amended complaint, or rely on their original motion within 21 days. If Marmol did not amend, the original motion would proceed under the usual schedule.
The detailed version
- Marmol v. Krasdale Foods, Inc. · No. 7:20-cv-08711
- Vincent Briccetti
- Dec. 21, 2020
Background
Yolisbeth Marmol sued Krasdale Foods, Inc. and Alpha 1 Marketing Corp. The opinion states that the defendants moved to dismiss the complaint on December 18, 2020.
Order
The court ordered Marmol to notify it by December 28, 2020, whether she intended to file an amended complaint in response to the motion or would rely on the complaint already challenged by the motion.
If Marmol chose not to amend, the motion to dismiss would proceed under the regular schedule. The court also warned that it was unlikely to give her another opportunity to amend to address deficiencies made apparent by the fully briefed motion.
If Marmol chose to amend, she had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after the amendment, the defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on their initial motion. The order did not grant or deny the motion to dismiss and did not decide the merits of the complaint. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.