McGillvary v. Rolling Stone, LLC

Opinion

luscsay UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: tt KX [DATE FILED: 6/25/2024 | CALEB L. MCGILLVARY,

Plaintiff, 23-CV-10428 (DEH)(SN) -against- ORDER ROLLING STONE, LLC, et al., Defendants.

nena nn nnn eX SARAH NETBURN, United States Magistrate Judge: The Court received the Plaintiff's motion for leave to file a second amended complaint dated June 5, 2024. ECF No. 54. The Plaintiff is only allowed to amend once as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1). See Mayle v. Felix, 545 U.S. 644, 645 (2005) (“[P]leadings may be amended once as a ‘matter of course,’ 1.e., without seeking court leave.”). The Plaintiff exhausted that right by timely filing his first amended complaint dated April 11, 2024. ECF No. 33. The Plaintiff may not file additional amended complaints without first seeking the Defendants’ written consent or the Court’s permission. Fed. R. Civ. P. 15(a)(2). The Defendants are directed to file a letter with the Court indicating whether they consent to the Plaintiff filing a second amended complaint by July 2, 2024. If the Defendants consent, they should also state whether the proposed amended complaint changes their motion to dismiss. The Plaintiff's opposition and the Defendants’ reply deadlines are stayed pending further order of the Court. SO ORDERED. f L Meta SARAH NETBURN United States Magistrate Judge DATED: June 25, 2024 New York, New York