Abraham v. Nationwide Credit, Inc.

Background

Nationwide Credit, Inc. moved to dismiss Yoel Abraham’s complaint on December 21, 2020. The opinion does not describe the claims or the arguments in the dismissal motion.

Order

The court ordered Abraham to notify the court by January 4, 2021, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already filed. If Abraham chose not to amend, the motion to dismiss would proceed under the regular schedule, and the court stated it was unlikely to allow another amendment to address deficiencies made apparent by the fully briefed motion.

If Abraham chose to amend, he had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, Nationwide Credit could answer, file a motion to dismiss the amended complaint, or notify the court that it would rely on its initial motion to dismiss. The order also stated that briefing deadlines would be governed by the Federal Rules of Civil Procedure and the Southern District of New York’s local rules unless the court ordered otherwise.

Disposition

The court did not grant or deny the motion to dismiss. It issued a case-management order requiring Abraham to choose between amending his complaint and proceeding with the existing complaint. Judge Vincent L. Briccetti signed the order.