Ynfante v. Fairlife LLC
- Vincent Briccetti
- 7:20-cv-07776
- U.S. District Court · Southern District of New York
- 1
In Ynfante v. Fairlife LLC, Judge Briccetti ordered Ynfante to choose whether to amend her complaint or proceed against Fairlife’s dismissal motion.
Yahayra Ynfante and Fairlife LLC; the order set deadlines and response options for the pending case.
What happened
Ynfante v. Fairlife LLC was brought by Yahayra Ynfante individually and on behalf of others similarly situated. Fairlife LLC moved to dismiss the complaint on February 12, 2021.
The court ordered Ynfante to notify the court by February 22 whether she would file an amended complaint or rely on the existing complaint. The order did not decide whether Fairlife’s dismissal motion should be granted or denied.
Judge Vincent L. Briccetti stated that, if Ynfante amended the complaint, Fairlife could answer, file a new dismissal motion, or rely on its initial motion. If she did not amend, the initial motion would proceed under the applicable federal and local rules.
The detailed version
- Ynfante v. Fairlife LLC · No. 7:20-cv-07776
- Vincent Briccetti
- Feb. 16, 2021
Background
Yahayra Ynfante sued Fairlife LLC individually and on behalf of all others similarly situated. Fairlife moved to dismiss the complaint on February 12, 2021.
Order
The court ordered Ynfante to notify the court by February 22, 2021, whether she intended to file an amended complaint in response to Fairlife’s motion or would rely on the complaint already filed. The order warned that, if she chose not to amend, the dismissal motion would proceed in the regular course and the court was unlikely to allow another opportunity to amend based on deficiencies identified in Fairlife’s fully briefed motion.
If Ynfante chose to amend, the court required her to file the amended complaint within 14 days after notifying the court. Fairlife would then have 21 days after the amendment to answer, file a motion to dismiss the amended complaint, or notify the court that it would rely on its initial dismissal motion.
Disposition
This was a procedural order concerning the next steps after a motion to dismiss. Judge Vincent L. Briccetti did not grant or deny Fairlife’s motion and did not decide the merits of Ynfante’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.