Currin v. Glenwood Management Corp.

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . SD DOC #:. Send 3 FILED: _ 2/26/2021 CHARLIE G. CURRIN, : DATE: PILED: at Plaintiff, : : 20-CV-6047 (VSB) -against- : : ORDER GLENWOOD MANAGEMENT CORP., : Defendant. :

wane eK VERNON S. BRODERICK, United States District Judge: On February 25, 2021, Plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). “[W]hen a plaintiff properly amends [a] complaint after a defendant has filed a motion to dismiss that 1s still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint.” Pettaway v. Nat’l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020). Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants’ current motion to dismiss in light of the facts alleged in the amended complaint. IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to pro se Plaintiff. SO ORDERED. Dated: February 26, 2021 f ess New York, New York if __ { □ Vernon S. Broderick United States District Judge