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Civil Rights: Other | New York Southern
Set/Reset Deadlines
Set/Reset Deadlines: Amended Pleadings due by 9/11/2026. Responses due by 9/11/2026 Replies due by 9/25/2026. (ar)
Order
ORDER with respect to 144 Motion to Dismiss. On July 31, 2026, Defendants filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Although Plaintiff has already amended the complaint, because leave to a mend should be "freely" granted "when justice so requires," the Court grants Plaintiff leave to amend to address the issues raised in the motion to dismiss. Fed. R. Civ. P. 15(a)(2). Because Plaintiff is proceeding pro se, howe ver, the Court will give Plaintiff additional time to amend the complaint. Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by September 11, 2026. If Plaintiff believes that the pleading of additional facts will cu re deficiencies identified in the motion to dismiss, the Plaintiff should include those facts in the amended complaint.1 Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. I f Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by September 11, 2026. Def endant's reply, if any, shall be served by September 25, 2026. Either party may request an extension of the briefing schedule for the motion. A deadline will be extended if the party demonstrates that its pursuit of the action has been diligen t and that there is a good reason for extending the deadline. As Plaintiff previously consented to receive electronic notice via the ECF system, see ECF No. 1, at 14-15, there is no need to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/3/2026) (ar)
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