Guerrero v. Ogawa USA Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wae eee K EDELMIRA GUERRERO, : Plaintiff, : : 22 Civ. 2583 (LGS) -against- : : ORDER OGAWA USA INC., : Defendant. : wae eee K LORNA G. SCHOFIELD, District Judge: WHEREAS, on September 20, 2022, Defendant filed a motion to dismiss Plaintiff's First Amended Complaint. As the motion was accompanied by an affidavit from Mark Holmes supporting Defendant’s motion to dismiss, Defendant has made a fact-based motion under Federal Rule of Civil Procedure 12(b)(1). See Carter v. HealthPort Techs., LLC, 822 F.3d 47, 57 (2d Cir. 2016) (a fact-based Rule 12(b)(1) motion “proffer[s] evidence beyond the Pleading”). It is hereby ORDERED that Plaintiff shall submit a verified complaint by May 24, 2023, to provide an evidentiary basis to resolve the motion. Dated: May 18, 2023 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE