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Order
ORDER: On March 5, 2026, the Court granted Defendants' Motion to Dismiss the Complaint and granted Plaintiff 30 days to file an amended complaint, informing Plaintiff that failure to do so would result in the dismissal with prejudice of any c laims dismissed without prejudice. (See Op. & Order 1718 (Dkt. No. 29).) Plaintiff did not timely amend. (See Dkt.) Accordingly, the Court converts its prior dismissal without prejudice to dismissal with prejudice. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/14/2026) (tg)
OPINION & ORDER re: 23 MOTION to Dismiss. filed by Wellness Pet Company, Inc., WellPet LLC. For the foregoing reasons, the Court grants Defendants' Motion to Dismiss. "When a motion to dismiss is granted, the usual pr actice is to grant leave to amend the complaint." Hayden v. Cnty. of Nassau, 180 F.3d 42, 53 (2d Cir. 1999); cf. Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave [to amend] when justice so requires."). Should Plaintiff cho ose to file an amended complaint, she must do so within 30 days of this Opinion & Order, addressing the deficiencies identified herein. If Plaintiff fails to file an amended complaint within the deadline, this case may be dismissed with prejudice. The Clerk of Court is respectfully directed to terminate the pending motion (Dkt. No. 23). SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/5/2026) (ar)
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