BRM Trades, LLC v. All-Ways Forwarding Int'l Inc.

S.D. New York

BRM Trades, LLC v. All-Ways Forwarding Int'l Inc.

District Court, S.D. New York·Decided September 23, 2021·No. 7:21-cv-07151·Unknown

Opinion

[spc oo \ | bot ono wcaLLY FILED | UNITED STATES DISTRICT COURT i BLES “ a □□ \ SOUTHERN DISTRICT OF NEW YORK jp PRN Bee Alaaiv nee ee een enna en neem X WUBATTE, Vibes pe BRM TRADES, LLC, Heres Plaintiff, : v. : ORDER ALL-WAYS FORWARDING INT’L INC., 21 CV 7151 (VB) Defendant. erent eee eee ee eee ee ee enn eee eens eee eee On September 21, 2021, defendant moved to dismiss the complaint. (Doc. #7). Accordingly, it is hereby ORDERED that, by no later than October 1, 2021, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motion to dismiss, or (it) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant’s motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, plaintiff must file the amended complaint by no later than 14 days after notifying the Court of plaintiff's intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that defendant is relying on the initially filed motion to dismiss. Dated: September 23, 2021 White Plains, NY . SO td Vey Vincent L. Briccetti United States District Judge

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[spc oo \ | bot ono wcaLLY FILED | UNITED STATES DISTRICT COURT i BLES “ a □□ \ SOUTHERN DISTRICT OF NEW YORK jp PRN Bee Alaaiv nee ee een enna en neem X WUBATTE, Vibes pe BRM TRADES, LLC, Heres Plaintiff, : v. : ORDER ALL-WAYS FORWARDING INT’L INC., 21 CV 7151 (VB) Defendant. erent eee eee ee eee ee ee enn eee eens eee eee On September 21, 2021, defendant moved to dismiss the complaint. (Doc. #7). Accordingly, it is hereby ORDERED that, by no later than October 1, 2021, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motion to dismiss, or (it) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant’s motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, plaintiff must file the amended complaint by no later than 14 days after notifying the Court of plaintiff's intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that defendant is relying on the initially filed motion to dismiss. Dated: September 23, 2021 White Plains, NY . SO td Vey Vincent L. Briccetti United States District Judge

BRM Trades, LLC v. All-Ways Forwarding Int'l Inc., (S.D.N.Y. 2021).

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