Ortiz v. Orange County, New York

Opinion

UNITED STATES DISTRICT COURT poste □□ SOUTHERN DISTRICT OF NEW YORK po ves □□ eee en a ee ee ee ee eX 4 □□ NAHUM GILBERTO ORTIZ et al., : □ “| \ \O 12: Plaintiffs, ORDER

ORANGE COUNTY, NEW YORK et al., 23 CV 2802 (VB) Defendants. : ee ee ere een ee ee nen een eee nner nn Xx On July 7, 2023, defendants U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and Kenneth Genalo (the “Federal Defendants”) moved to dismiss the complaint. (Doc. #38).! Accordingly, it is hereby ORDERED that, by no later than July 17, 2023, plaintiffs must notify the Court by letter whether plaintiffs (i) intend to file an amended complaint in response to the Federal Defendants’ motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in the Federal Defendants’ motion, 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”); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017), The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended complaint, plaintiffs must file the amended complaint by no later than 14 days after notifying the Court of plaintiffs’ intent to do so. Within 21 days of such amendment, all defendants may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that such defendants are relying on the initially filed motion to dismiss or answer (as applicable). Dated: July 10, 2023 White Plains, NY SO ORDERED Ie Vincent L. Briccetti United States District Judge

Defendants Orange County, Paul Areta, Carl Dubois, and Kenneth Jones answered the complaint. (Doc. #40),