Hertz Global Holdings, Inc. v. National Union Fire Company of Pittsburgh

S.D. New York

Hertz Global Holdings, Inc. v. National Union Fire Company of Pittsburgh

District Court, S.D. New York·Decided November 20, 2019·No. 1:19-cv-06957·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□ □ Hertz Global Holdings, Inc., | NOV 20 2019 | Plaintiff, oe 19-cv-06957 (AJN) , ORDER National Union Fire Insurance Company of Pittsburgh, ef al., Defendants.

ALISON J. NATHAN, District Judge: On November 11, 2019, Defendants filed a motion to dismiss. Pursuant to Rule 3.F of this Court’s Individual Practices in Civil Cases, on or before November 22, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendants’ October 22 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant’s 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 Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies 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. The Initial Pretrial Conference scheduled for November 22, 2019 is hereby adjourned sine die.

SO ORDERED.

¥& Dated: November , 2019 New York, New York \

\ 4 LISON J. NATHAN “ited States District Judge

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

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□ □ Hertz Global Holdings, Inc., | NOV 20 2019 | Plaintiff, oe 19-cv-06957 (AJN) , ORDER National Union Fire Insurance Company of Pittsburgh, ef al., Defendants.

ALISON J. NATHAN, District Judge: On November 11, 2019, Defendants filed a motion to dismiss. Pursuant to Rule 3.F of this Court’s Individual Practices in Civil Cases, on or before November 22, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendants’ October 22 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant’s 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 Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies 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. The Initial Pretrial Conference scheduled for November 22, 2019 is hereby adjourned sine die.

SO ORDERED.

¥& Dated: November , 2019 New York, New York \

\ 4 LISON J. NATHAN “ited States District Judge

Hertz Global Holdings, Inc. v. National Union Fire Company of Pittsburgh, (S.D.N.Y. 2019).

Pincite

Hertz Global Holdings, Inc. v. National Union Fire Company of Pittsburgh (Hertz Global Holdings, Inc. v. National Union Fire Company of Pittsburgh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related