Emergency Physician Services of New York v. UnitedHealth Group, Inc.

S.D. New York

Emergency Physician Services of New York v. UnitedHealth Group, Inc.

DecidedJanuary 28, 2021

Docket1:20-cv-09183

StatusUnknown

This text of Emergency Physician Services of New York v. UnitedHealth Group, Inc. (Emergency Physician Services of New York v. UnitedHealth Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Emergency Physician Services of New York v. UnitedHealth Group, Inc., (S.D.N.Y. 2021).

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DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #:

Emergency Physician Services of New York, et al., Plaintiffs, 20-cv-9183 (AJN) _y- ORDER UnitedHealth Group, Inc., et al., Defendants.

ALISON J. NATHAN, District Judge: On January 25, 2021, the Defendants filed motions to dismiss the Complaint. Dkt. Nos. 28, 30. Pursuant to Rule 3.F of this Court’s Individual Practices in Civil Cases, on or before February 8, 2021, Plaintiffs must notify the Court and their adversaries in writing whether (1) they intend to file an amended pleading and when they will do so or whether (2) they will rely on the pleading being attacked. Plaintiffs are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendants’ January 25, 2021 motions to dismiss may well constitute a waiver of the Plaintiffs’ right to use the amendment process to cure any defects that have been made apparent by the Defendants’ 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 Plaintiffs choose to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they 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. Dated: January 27, 2021 . New York, New York AX ) | dis ALISON J. NATHAN United States District Judge

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DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #:

Emergency Physician Services of New York, et al., Plaintiffs, 20-cv-9183 (AJN) _y- ORDER UnitedHealth Group, Inc., et al., Defendants.

ALISON J. NATHAN, District Judge: On January 25, 2021, the Defendants filed motions to dismiss the Complaint. Dkt. Nos. 28, 30. Pursuant to Rule 3.F of this Court’s Individual Practices in Civil Cases, on or before February 8, 2021, Plaintiffs must notify the Court and their adversaries in writing whether (1) they intend to file an amended pleading and when they will do so or whether (2) they will rely on the pleading being attacked. Plaintiffs are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendants’ January 25, 2021 motions to dismiss may well constitute a waiver of the Plaintiffs’ right to use the amendment process to cure any defects that have been made apparent by the Defendants’ 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 Plaintiffs choose to amend, Defendants may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they 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. Dated: January 27, 2021 . New York, New York AX ) | dis ALISON J. NATHAN United States District Judge

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Emergency Physician Services of New York v. UnitedHealth Group, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/emergency-physician-services-of-new-york-v-unitedhealth-group-inc-nysd-2021.

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