Mogull v. Pete and Gerry's Organics, LLC
- Vincent Briccetti
- 7:21-cv-03521
- U.S. District Court · Southern District of New York
- 1
In Mogull v. Pete and Gerry’s Organics, Judge Briccetti ordered plaintiff to choose whether to amend her complaint or proceed against defendant’s dismissal motion.
The order affected Constance Mogull and Pete and Gerry’s Organics, LLC by setting procedures and deadlines for responding to the pending motion to dismiss and any amended complaint.
What happened
In Mogull v. Pete and Gerry’s Organics, LLC, Constance Mogull sued individually and for others like her. The defendant moved to dismiss the complaint on May 18, 2021.
The court ordered Mogull to tell the court by May 28 whether she would file an amended complaint or rely on the existing complaint. If she amended, she had to do so within 14 days after notifying the court, and the defendant then had 21 days to respond in one of three ways. If she kept the existing complaint, the dismissal motion would proceed under the usual schedule.
Judge Briccetti also reminded defense counsel to follow his 25-page limit for legal memoranda. The order did not decide the defendant’s motion to dismiss or the underlying claims.
The detailed version
- Mogull v. Pete and Gerry's Organics, LLC · No. 7:21-cv-03521
- Vincent Briccetti
- May 19, 2021
Background
Constance Mogull brought the case individually and on behalf of all others similarly situated. Pete and Gerry’s Organics, LLC moved to dismiss the complaint on May 18, 2021.
Court’s Order
The court ordered Mogull to notify the court by May 28, 2021, whether she intended to file an amended complaint in response to the motion to dismiss or would rely on the complaint already filed.
If Mogull chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give her another opportunity to amend to address deficiencies made apparent by the fully briefed motion. If she chose to amend, she had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, the defendant could answer, move to dismiss the amended complaint, or notify the court that it would rely on its original motion to dismiss.
The court also reminded defense counsel to comply with Judge Briccetti’s individual practice limiting legal memoranda to 25 pages. The order did not rule on the motion to dismiss or decide the merits of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.