Michele Metcalf v. Transperfect Global Inc.

Opinion

UNITED STATES DISTRICT COURT | SOUTHERN DISTRICT OF NEW YORK ual

Michele Metcalf, i co NOV 2 0 2019 Plaintiff, 19-cv-10104 (AJN) ~—_y—- ORDER TransPerfect Global, Inc., Defendant.

ALISON J. NATHAN, District Judge: On November 15, 2019, Defendant filed a motion to dismiss. Pursuant to Rule 3.F of this Court’s Individual Practices in Civil Cases, on or before November 25, 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 Defendant November 15th 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.

SO ORDERED.

Dated: November de , 2019 New York, New York

\ Wh LISON J. NATHAN United States District Judge