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S.D.N.Y.Procedural orderFiled Oct. 13, 2022

Africa v. Jianpu Technology Inc.

Full caption

Enrique Africa, individually and on behalf of all others similarly situated v. Jianpu Technology Inc.

Judge
Jesse Furman
Docket
1:21-cv-01419
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Enrique Africa v. Jianpu Technology, Judge Furman granted Africa’s request for 30 more days to amend the complaint.

Who this affects

Enrique Africa received additional time to file an amended complaint; the defendants took no position on the extension request.

What happened

In Enrique Africa v. Jianpu Technology Inc., Enrique Africa asked for 30 additional days to file an amended complaint. The earlier court order had allowed amendment after granting the defendants’ motion to dismiss.

Africa’s lawyers said they needed more time because of several other case obligations and a recent death in one attorney’s family. They requested a new deadline of November 28, 2022. The defendants took no position on the request.

Judge Furman granted the application and directed the clerk to terminate the related filing, ECF No. 62.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Africa v. Jianpu Technology Inc. · No. 1:21-cv-01419
Judge
Jesse Furman
Date
Oct. 13, 2022

Background

The court’s September 28, 2022 order granted the defendants’ motion to dismiss the operative complaint and allowed the plaintiff to amend. That order set October 28, 2022, as the deadline for filing an amended complaint.

Lead Plaintiff Enrique Africa, through counsel, submitted a letter-motion requesting a 30-day extension. Counsel cited several intervening obligations, including briefs, a hearing, and amended complaints due in other matters. Counsel also reported that one attorney had recently traveled for family funeral services. The letter stated that no earlier extension had been requested in this matter, no court appearance was scheduled, and no other deadlines were pending. Defense counsel took no position.

Ruling

Judge Jesse M. Furman granted the application. The requested deadline was set as Monday, November 28, 2022, because the 30-day date calculated by the plaintiff fell on a Sunday. The clerk was directed to terminate ECF No. 62.

Effect

The order extended the plaintiff’s deadline to file an amended complaint. It did not decide the merits of the claims or the issues raised in the earlier motion to dismiss.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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