Aero AG Holdings, LLC v. Huggoes Fashion LLC
- Valerie Caproni
- 1:21-cv-09499
- U.S. District Court · Southern District of New York
- 2
In Aero AG Holdings v. Huggoes Fashion, Judge Caproni struck three separate dismissal motions and ordered one consolidated motion.
Defendants Huggoes Fashion LLC (doing business as Aerothotic) and Mahmood Ali, whose three separate motions to dismiss were struck and had to be refilled as one consolidated motion.
What happened
In Aero AG Holdings, LLC v. Huggoes Fashion LLC, Defendants Huggoes Fashion LLC and Mahmood Ali filed three separate motions to dismiss on January 20, 2022.
The court explained that Federal Rule of Civil Procedure 12(g)(2) generally requires defendants to include available dismissal defenses in one motion rather than filing separate motions.
The court ordered the Clerk to strike the three motions and their supporting memoranda and required Defendants to file one consolidated motion by January 24, 2022. Judge Valerie Caproni issued the order.
The detailed version
- Aero AG Holdings, LLC v. Huggoes Fashion LLC · No. 1:21-cv-09499
- Valerie Caproni
- Jan. 21, 2022
Background
On January 20, 2022, Defendants filed three separate motions to dismiss, each with its own supporting memorandum of law.
Rule Applied
Federal Rule of Civil Procedure 12(g)(2) provides that a party making a motion under Rule 12 generally may not make another motion raising a defense or objection that was available but left out of the earlier motion. The court noted that courts in the Southern District of New York interpret this rule to require defendants to combine all available Rule 12 defenses and objections into a single motion.
Order
The court ordered the Clerk to strike Defendants’ motions to dismiss and their supporting memoranda at docket entries 28 through 33. The court further ordered Defendants to refile their motions as one consolidated motion by January 24, 2022, and required that the consolidated motion comply with Rule 4 of Judge Caproni’s Individual Practices in Civil Cases. Judge Valerie Caproni signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.