Eastchester Tobacco & Vape Inc. v. Town of Eastchester

S.D. New York

Eastchester Tobacco & Vape Inc. v. Town of Eastchester

District Court, S.D. New York·Decided November 9, 2021·No. 7:21-cv-06996·Unknown

Opinion

cawal □ TRC UNITED STATES DISTRICT COURT UST oa SOUTHERN DISTRICT OF NEW YORK i DOS □ nee nen ene ee ee ee eX WSbere vo ELIE □□ EASTCHESTER TOBACCO & VAPEINC., — : yes oppo □ EASTCHESTER SERVICE STATION INC, po [Gedy EASTCHESTER SERVICE CENTER INC., atta Sama CHESTNUT MARTS INC., and SCARSDALE: AUTO CLINIC INC., : Plaintiffs, : v. : ORDER TOWN OF EASTCHESTER, EASTCHESTER : 21 CV 6996 (VB) TOWN BOARD, ANTHONY S. COLAVITA, — : JOSEPH DOOLEY, LUIGI MARCOCCIA, : THERESA NICHOLSON, SHEILA : MARCOTTE, and TOWN OF EASTCHESTER: POLICE DEPARTMENT, : Defendants. : eee stn cress enn □ se seen seen nesses === X On November 8, 2021, defendants moved to dismiss the complaint. (Doc. #14). Accordingly, it is hereby ORDERED that, by no later than November 18, 2021, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants’ 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 Cap. 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 plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss.

Dated: November 9, 2021 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

cawal □ TRC UNITED STATES DISTRICT COURT UST oa SOUTHERN DISTRICT OF NEW YORK i DOS □ nee nen ene ee ee ee eX WSbere vo ELIE □□ EASTCHESTER TOBACCO & VAPEINC., — : yes oppo □ EASTCHESTER SERVICE STATION INC, po [Gedy EASTCHESTER SERVICE CENTER INC., atta Sama CHESTNUT MARTS INC., and SCARSDALE: AUTO CLINIC INC., : Plaintiffs, : v. : ORDER TOWN OF EASTCHESTER, EASTCHESTER : 21 CV 6996 (VB) TOWN BOARD, ANTHONY S. COLAVITA, — : JOSEPH DOOLEY, LUIGI MARCOCCIA, : THERESA NICHOLSON, SHEILA : MARCOTTE, and TOWN OF EASTCHESTER: POLICE DEPARTMENT, : Defendants. : eee stn cress enn □ se seen seen nesses === X On November 8, 2021, defendants moved to dismiss the complaint. (Doc. #14). Accordingly, it is hereby ORDERED that, by no later than November 18, 2021, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants’ 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 Cap. 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 plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss.

Dated: November 9, 2021 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

Eastchester Tobacco & Vape Inc. v. Town of Eastchester, (S.D.N.Y. 2021).

Pincite

Eastchester Tobacco & Vape Inc. v. Town of Eastchester (Eastchester Tobacco & Vape Inc. v. Town of Eastchester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related