M&K Imports, LLC v. Rejuveneda Medical Group, Inc.

Background

M&K Imports, LLC brought this action against Rejuveneda Medical Group, Inc., doing business as ReGenevada; Thom E. Lobe; Patrick D. Crocker; and Crocker Law Firm PLLC, also known as Crocker & Crocker. On June 22, 2022, Rejuveneda Medical Group and Lobe filed a partial motion to dismiss. The opinion does not state the claims addressed by that motion.

Order

The court ordered M&K Imports to notify the court by July 1, 2022, whether it intended to file an amended complaint in response to the partial motion to dismiss or would rely on the complaint already under review.

If M&K Imports chose not to amend, the motion would proceed under the regular briefing schedule, governed by the Federal Rules of Civil Procedure and the Southern District of New York's Local Civil Rules unless the court ordered otherwise. The court stated that it was unlikely to give M&K Imports another opportunity to amend to address deficiencies made apparent by the fully briefed motion.

If M&K Imports chose to amend, it had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, defendants could answer, file a motion to dismiss the amended complaint, or, for Rejuvenada Medical Group and Lobe, notify the court that they would rely on the initially filed motion to dismiss.

Disposition and Significance

The court did not grant or deny the partial motion to dismiss. It issued case-management instructions concerning amendment of the complaint and the parties' next filings. The order was signed by Judge Vincent L. Briccetti.