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Borrell & Riso
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Order | Filed: May 22, 2024 | Entered: May 22, 2024 Betancourt v. State Farm Fire And Casualty Company
Insurance | New York Eastern
Order(Other)
ORDER: In light of Plaintiff's letter on removal see ECF No. 13 , which indicates that Plaintiff "does not have a position with respect to removal," and the Court's independent assessment that diversity jurisdiction exists pursuant 28 U.S.C. § 1332 as the amount in controversy exceeds $75,000 and the parties are citizens of different states, see ECF No. 1 , the Court finds it has jurisdiction to hear this case and it shall proceed. Ordered by Judge Hector Gonzalez on 5/22/2024. (PN)
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Order | Filed: May 22, 2024 | Entered: May 22, 2024 Betancourt v. State Farm Fire And Casualty Company
Insurance | New York Eastern
Order on Motion for Pre Motion Conference
SCHEDULING ORDER: The Court denies Defendant's request for a pre-motion conference, see ECF No. 10 , because the Court deems a conference to be unnecessary. Defendant shall file opening papers in support of Defendant's motion to dismiss on or before June 21, 2024. Plaintiff shall file opposition papers on or before July 22, 2024, and Defendant shall file reply papers on or before August 5, 2024. The parties' motion papers shall comply with the page limits and other requirements described in Section IV.B of the Court's Individual Practices.
Although Plaintiff's responsive letter exceeds the page limits permitted by Section IV.A. of the Court's Individual Practices, and the Court's prior orders expressly asked Plaintiff to explain whether Plaintiff believes the complaint can be amended to address the issues raised in Defendant's pre-motion letter, Plaintiff does not mention whether she intends to amend the complaint. See May 8, 2024, Text Order; May 15, 2024, Text Order. The Court deems this to be an indication that Plaintiff does not intend to amend her complaint. The Court warns Plaintiff that it will not sua sponte consider whether Plaintiff should receive leave to file an amended complaint if the Court grants Defendant's motion to dismiss because although, "in general, courts should freely give leave to amend pleadings when justice so requires," "no court can be said to have erred in failing to grant a request that was not made." Hu v. City of New York, 927 F.3d 81, 107 (2d Cir. 2019) (affirming dismissal of complaint without leave to amend). Similarly, if Plaintiff seeks leave to amend in Plaintiff's opposition brief, without proposing any specific amendments, the Court will be disinclined to grant leave to amend because "denial of leave to amend is proper where the request gives no clue as to how the complaint's defects would be cured." Noto v. 22nd Century Grp., Inc., 35 F.4th 95, 107 (2d Cir. 2022) (affirming denial of leave to amend). Ordered by Judge Hector Gonzalez on 5/22/2024. (PN) -
Misc | Filed: May 20, 2024 | Entered: May 20, 2024 Betancourt v. State Farm Fire And Casualty Company
Insurance | New York Eastern
Letter
Letter by Laura Betancourt (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Borrell, Jeffrey)
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