Rand v. The Travelers Indemnity Company

S.D. New York

Rand v. The Travelers Indemnity Company

DecidedFebruary 8, 2022

Docket7:21-cv-10744

StatusUnknown

This text of Rand v. The Travelers Indemnity Company (Rand v. The Travelers Indemnity Company) 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.

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Rand v. The Travelers Indemnity Company, (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT ENT SOUTHERN DISTRICT OF NEW YORK EEA PE □□ re re nn ee mt cer rn man eK oe a af JENNIFER RAND, individually and on behalf of : ee > Xia □ all others similarly situated, ES Peo Plaintiff, ORDER

21 CV 10744 (VB) THE TRAVELERS INDEMNITY COMPANY, _: Defendant. er th tN On February 7, 2022, defendant moved to dismiss the complaint. (Doc. #10). Accordingly, it is hereby ORDERED that, by no later than February 17, 2022, 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 plaintiff 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 oh which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord FS Cap. 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 of such amendment, defendant may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the-amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss.

Dated: February 8, 2022 White Plains, NY SO ORDERED:

Vincent L, Briccetti United States District Judge

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UNITED STATES DISTRICT COURT ENT SOUTHERN DISTRICT OF NEW YORK EEA PE □□ re re nn ee mt cer rn man eK oe a af JENNIFER RAND, individually and on behalf of : ee > Xia □ all others similarly situated, ES Peo Plaintiff, ORDER

21 CV 10744 (VB) THE TRAVELERS INDEMNITY COMPANY, _: Defendant. er th tN On February 7, 2022, defendant moved to dismiss the complaint. (Doc. #10). Accordingly, it is hereby ORDERED that, by no later than February 17, 2022, 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 plaintiff 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 oh which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord FS Cap. 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 of such amendment, defendant may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the-amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss.

Dated: February 8, 2022 White Plains, NY SO ORDERED:

Vincent L, Briccetti United States District Judge

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Rand v. The Travelers Indemnity Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rand-v-the-travelers-indemnity-company-nysd-2022.

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