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Personal Inj. Prod. Liability | New York Southern
Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Noah Reid Katz to RE-FILE Document No. 65 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; do not file the redline Amended Complaint as the main document. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
Order
ORDER re: 65 Amended Complaint filed by Merlin Padilla Martinez: The document filed by Plaintiff at ECF No. 65 as "First Amended Complaint" is a redline (not a final version) of what purports to be Plaintiff's Amended Complaint. Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, an amended complaint may be filed in this case with the opposing party's consent or with leave of court. Plaintiff may file a final version of his Amended Complaint if he has received consent of the opposing parties (and files proof of such consent on the docket) or may seek leave to do so. In any amended pleading, Plaintiff shall plead the citizenship of all the members of the defendant LLC, since the citizenship of an LLC is based upon the citizenship of all of its members. See Windward Bora LLC v. Browne, 110 F.4th 120, 127 (2d Cir. 2024). (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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