Zachary Nero v. Uphold HQ Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

THEODORE RIDER, et al., : Plaintiffs, : : 22-CV-1602 (VSB) -against- : : ORDER UPHOLD HQ INC., et al., : Defendants. :

VERNON S. BRODERICK, United States District Judge: On July 11, 2022, Plaintiffs filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). “[WJhen a plaintiff properly amends [a] complaint after a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint.” Pettaway v. Nat’l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020). Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants’ current motion to dismiss in light of the facts alleged in the amended complaint. SO ORDERED. Dated: July 12, 2022 i / nC Y New York, New York YAMA VICK 1f4 Vernon S. Broderick United States District Judge