Hoffman v. Kashi Sales, L.L.C.

Background

Peter Hoffman brought the action individually and on behalf of all others similarly situated against Kashi Sales, L.L.C. The opinion does not describe the claims or the alleged facts.

Motion and Order

On April 15, 2022, Kashi moved to dismiss the complaint. The court ordered Hoffman to notify the court by April 25 whether he intended to file an amended complaint in response to the motion or would rely on the complaint already being challenged.

If Hoffman chose not to amend, the dismissal motion would proceed under the ordinary briefing schedule. The court stated that it was unlikely to give Hoffman another opportunity to amend to address deficiencies made apparent by the fully briefed motion.

If Hoffman chose to amend, he had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, Kashi could answer, move to dismiss the amended complaint, or notify the court that it would rely on its original motion to dismiss.

Disposition

This order did not grant or deny Kashi’s motion to dismiss. It directed Hoffman to choose how to proceed and established deadlines for either filing an amended complaint or continuing with the existing complaint. Judge Vincent L. Briccetti issued the order.