Guerrero v. Ogawa USA Inc.
This text of Guerrero v. Ogawa USA Inc. (Guerrero v. Ogawa USA 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.
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
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Guerrero v. Ogawa USA Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerrero-v-ogawa-usa-inc-nysd-2023.