Compass, Inc. v. Real Estate Board of New York, Inc.

S.D. New York

Compass, Inc. v. Real Estate Board of New York, Inc.

District Court, S.D. New York·Decided May 20, 2021·No. 1:21-cv-02195·Unknown

Opinion

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Compass, Inc., et al., Plaintiffs, 21-cv-2195 (AJN) —V— ORDER Real Estate Board of New York, Inc., Defendant.

ALISON J. NATHAN, District Judge: On May 18, 2021, the Defendant filed a motion to dismiss. Pursuant to Rule 3.F. of this Court’s Individual Practices in Civil Cases, on or before June 1, 2021, the Plaintiffs must notify the Court and their adversary in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. The Plaintiffs are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendant’s motion to dismiss may constitute a waiver of the Plaintiffs’ right to use the amendment process to cure any defects that have been made apparent by the Defendant’s briefing. 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”). If the Plaintiffs choose to amend, the Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it will rely on the initially filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules.

SO ORDERED. AN \ ig @ Dated: May 20, 2021 New York, New York ALISON J. NATHAN United States District Judge

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Usbe SDNY DOCUMENT UNITED STATES DISTRICT COURT ae FILED SOUTHERN DISTRICT OF NEW YORK neice

Compass, Inc., et al., Plaintiffs, 21-cv-2195 (AJN) —V— ORDER Real Estate Board of New York, Inc., Defendant.

ALISON J. NATHAN, District Judge: On May 18, 2021, the Defendant filed a motion to dismiss. Pursuant to Rule 3.F. of this Court’s Individual Practices in Civil Cases, on or before June 1, 2021, the Plaintiffs must notify the Court and their adversary in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. The Plaintiffs are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendant’s motion to dismiss may constitute a waiver of the Plaintiffs’ right to use the amendment process to cure any defects that have been made apparent by the Defendant’s briefing. 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”). If the Plaintiffs choose to amend, the Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it will rely on the initially filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules.

SO ORDERED. AN \ ig @ Dated: May 20, 2021 New York, New York ALISON J. NATHAN United States District Judge

Compass, Inc. v. Real Estate Board of New York, Inc., (S.D.N.Y. 2021).

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