Yu v. Froneri US, Inc.

Background

On March 5, 2021, Froneri US, Inc. filed a motion to dismiss Lauren Yu’s complaint. The order was issued under Rule 3.F of the court’s Individual Practices in Civil Cases.

Order

The court required Yu, by March 18, 2021, to notify the court and Froneri in writing whether she intended to file an amended pleading and when she would do so, or whether she would rely on the complaint being challenged. The court warned that declining to amend in a timely response to a fully briefed argument in Froneri’s motion might constitute a waiver of Yu’s right to use the amendment process to cure defects made apparent by Froneri’s briefing.

If Yu amended her pleading, Froneri could file an answer, file a new motion to dismiss, or submit a letter stating that it would rely on its original motion. The order also stated that it did not change the deadlines for amending, answering, or filing a motion under the Federal Rules of Civil Procedure or the Local Rules.

Disposition

Judge Alison J. Nathan did not grant or deny the motion to dismiss. The order addressed the procedure for Yu’s possible amendment and Froneri’s possible response.