) DOCUMENT □ UNITED STATES DISTRICT COURT 1 ELECTRON SCALLY BHUnT | SOUTHERN DISTRICT OF NEW YORK Jago OR “BATE. EEE: sf22 3 SANDER, . Loess eblOl Plaintiff, : oes
ORDER MR. HEATER ELECTRIC SPACE HEATER 21 CV 10684 (VB) MANUFACTURE, : Defendant. : i en tT On June 9, 2022, Enerco Group Inc., incorrectly sued herein as Mr. Heater Electric Space Heater Manufacture, moved to dismiss the second amended complaint. (Doc. #17). Accordingly, it is hereby ORDERED that, by no later than June 24, 2022, plaintiff must notify the Court by letter whether she (ii) intends to file a third 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 chooses not to file a third amended complaint, the motion will proceed in the regular course, and the Court is very 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 Qd . 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 Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). If she chooses not to file a third amended complaint, plaintiff shall file her opposition to the motion to dismiss by July 8, 2022, and defendant shall file its reply, if any, by July 15, 2022.
If plaintiff chooses to file a third amended complaint, she must file the third amended complaint by July 15, 2022. A third amended complaint form, which plaintiff may use but is not required to use, is attached to this Order. Within 21 days of the filing of any amended complaint, defendant may either: (i) file an answer; (ii) file a motion to dismiss; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss.
Chambers will mail a copy of this Order to plaintiff at the address on the docket. Dated: June 10, 2022 White Plains, NY SO ORDERED:
Vincent L. Briccetti United States District Judge □
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
21 CV_10684 reer (Includ ber if has b Write the full name of each plaintiff. secigned) sere eee ee
-against- THIRD AMENDED COMPLAINT Do you want a jury trial? []Yes (CIJNo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section ll.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? L] Federal Question C] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , , is a citizen of the State of (Plaintiff's name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
Page 2
If the defendant is an individual: The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . if more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available)
Page 3
B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name
Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code
Defendant 2: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served) County, City State Zip Code
Defendant 3: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code
Page 4
Defendant 4: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code II. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed. .
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INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
IV. RELIEF State briefly what money damages or other relief you want the court to order.
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) DOCUMENT □ UNITED STATES DISTRICT COURT 1 ELECTRON SCALLY BHUnT | SOUTHERN DISTRICT OF NEW YORK Jago OR “BATE. EEE: sf22 3 SANDER, . Loess eblOl Plaintiff, : oes
ORDER MR. HEATER ELECTRIC SPACE HEATER 21 CV 10684 (VB) MANUFACTURE, : Defendant. : i en tT On June 9, 2022, Enerco Group Inc., incorrectly sued herein as Mr. Heater Electric Space Heater Manufacture, moved to dismiss the second amended complaint. (Doc. #17). Accordingly, it is hereby ORDERED that, by no later than June 24, 2022, plaintiff must notify the Court by letter whether she (ii) intends to file a third 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 chooses not to file a third amended complaint, the motion will proceed in the regular course, and the Court is very 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 Qd . 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 Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). If she chooses not to file a third amended complaint, plaintiff shall file her opposition to the motion to dismiss by July 8, 2022, and defendant shall file its reply, if any, by July 15, 2022.
If plaintiff chooses to file a third amended complaint, she must file the third amended complaint by July 15, 2022. A third amended complaint form, which plaintiff may use but is not required to use, is attached to this Order. Within 21 days of the filing of any amended complaint, defendant may either: (i) file an answer; (ii) file a motion to dismiss; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss.
Chambers will mail a copy of this Order to plaintiff at the address on the docket. Dated: June 10, 2022 White Plains, NY SO ORDERED:
Vincent L. Briccetti United States District Judge □
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
21 CV_10684 reer (Includ ber if has b Write the full name of each plaintiff. secigned) sere eee ee
-against- THIRD AMENDED COMPLAINT Do you want a jury trial? []Yes (CIJNo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section ll.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? L] Federal Question C] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , , is a citizen of the State of (Plaintiff's name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
Page 2
If the defendant is an individual: The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . if more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available)
Page 3
B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name
Current Job Title (or other identifying information) Current Work Address (or other address where defendant may be served) County, City State Zip Code
Defendant 2: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served) County, City State Zip Code
Defendant 3: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code
Page 4
Defendant 4: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code II. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed. .
Page 5
INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
IV. RELIEF State briefly what money damages or other relief you want the court to order.
Page 6
V. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. T agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.
Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated Plaintiff's Signature
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available)
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: (Yes (CINo If you do consent to receive documents electronically, submit the completed form with your complaint. lf you do not consent, please do not attach the form.
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