Preis v. Firstsource Advantage, LLC

Background

The defendant removed the case from Supreme Court, Rockland County, on January 22, 2021. On February 12, 2021, the defendant moved to dismiss the complaint. The opinion does not decide whether the complaint should be dismissed.

Order

The court ordered the plaintiff to notify it by February 22, 2021, whether he intended to file an amended complaint responding to the motion to dismiss or would rely on the existing complaint. If the plaintiff chose not to amend, the motion would proceed under the ordinary schedule, and the court warned that it was unlikely to allow another amendment to address deficiencies made clear by the fully briefed motion. If the plaintiff chose to amend, the order required him to file the amended complaint no later than 14 days after notifying the court of that choice.

The court also ordered defense counsel to serve the order on plaintiff's counsel by email and file proof of service by the close of business on February 17, 2021. Plaintiff's counsel had to file a notice of appearance by February 22, 2021. Because the defendant had not filed the January 15, 2020, letter on which the plaintiff based his claims, the defendant had to file that letter on the docket by February 22, 2021.

Disposition and classification

This was a procedural order concerning a pending motion to dismiss. Judge Vincent L. Briccetti set deadlines and required filings, but did not grant or deny the motion to dismiss or resolve the claims on their merits. The opinion's sentence beginning with “Within 21 days of such” is incomplete or garbled in the provided text, so the precise requirement associated with that sentence is unclear.