Penz v. Fields

S.D. New York

Penz v. Fields

DecidedMarch 12, 2021

Docket7:21-cv-00005

StatusUnknown

This text of Penz v. Fields (Penz v. Fields) 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.

Bluebook

Penz v. Fields, (S.D.N.Y. 2021).

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Opinion

UNITED STATES DISTRICT COURT | ALES aad a SOUTHERN DISTRICT OF NEW YORK □□ ea g en ee ee ee et ee en re no ee on me “ a □ | | L| Z | WALLESCA PENZ, : Plaintiff, : ORDER SUPERINTENDENT LEROY FIELDS, 21 CV 5 (VB) Defendant. :

nnn mene cee nen nnn nnn XK On March 5, 2021, defendant Superintendent Leroy Fields, moved to dismiss the complaint. (Doc. #13). Accordingly, it is hereby ORDERED that, by no later than March 15, 2021, plaintiff must notify the Court by letter whether she (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects 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 defendant’s 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 plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Within 21 days ofsuch amendment, defendant 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 he is relying on the initially filed motion to dismiss. Dated: March 12, 2021 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

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UNITED STATES DISTRICT COURT | ALES aad a SOUTHERN DISTRICT OF NEW YORK □□ ea g en ee ee ee et ee en re no ee on me “ a □ | | L| Z | WALLESCA PENZ, : Plaintiff, : ORDER SUPERINTENDENT LEROY FIELDS, 21 CV 5 (VB) Defendant. :

nnn mene cee nen nnn nnn XK On March 5, 2021, defendant Superintendent Leroy Fields, moved to dismiss the complaint. (Doc. #13). Accordingly, it is hereby ORDERED that, by no later than March 15, 2021, plaintiff must notify the Court by letter whether she (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects 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 defendant’s 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 plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Within 21 days ofsuch amendment, defendant 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 he is relying on the initially filed motion to dismiss. Dated: March 12, 2021 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

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Penz v. Fields, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penz-v-fields-nysd-2021.

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