IBM Corporation v. Micro Focus, Inc.
- Vincent Briccetti
- 7:22-cv-09910
- U.S. District Court · Southern District of New York
- 1
In IBM v. Micro Focus, Judge Briccetti ordered IBM to choose whether to amend its complaint or proceed against defendants’ motion to dismiss.
IBM Corporation and defendants Micro Focus (US), Inc. and Micro Focus International plc; the order sets IBM’s amendment or opposition-related deadlines and identifies the defendants’ options after any amendment.
What happened
In IBM Corporation v. Micro Focus (US), Inc., defendants moved to dismiss IBM’s complaint on December 14, 2022. The court’s order did not decide that motion.
The court required IBM to notify the court by December 27 whether it would file an amended complaint or rely on its existing complaint. If IBM amended, it had to do so within 14 days after notifying the court, and defendants would then have 21 days to answer, file another dismissal motion, or rely on their original motion.
Judge Vincent L. Briccetti warned that if IBM relied on its existing complaint, the motion would proceed and the court was unlikely to allow another amendment to address deficiencies revealed by the fully briefed motion. The order set deadlines and did not rule on the complaint’s legal sufficiency.
The detailed version
- IBM Corporation v. Micro Focus, Inc. · No. 7:22-cv-09910
- Vincent Briccetti
- Dec. 15, 2022
Background
On December 14, 2022, Micro Focus (US), Inc. and Micro Focus International plc moved to dismiss IBM Corporation’s complaint. The opinion does not describe the underlying claims or the alleged deficiencies in the complaint.
Order
The court ordered IBM to notify it by December 27, 2022, whether IBM intended to file an amended complaint in response to the motion or would rely on the existing complaint.
If IBM chose not to amend, the motion to dismiss would proceed under the normal schedule. The court stated that it was unlikely to give IBM another opportunity to amend based on deficiencies made apparent by the fully briefed motion.
If IBM chose to amend, it had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, the defendants could answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on their initial motion to dismiss. The order also stated that briefing deadlines would be governed by the Federal Rules of Civil Procedure and the Local Civil Rules unless the court ordered otherwise.
Disposition
Judge Vincent L. Briccetti issued a case-management order requiring IBM to choose between amending its complaint and proceeding on the existing complaint. The court did not grant or deny the motion to dismiss and did not decide the merits of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.