4, USDC ~~ UNITED STATES DISTRICT COURT | DOCUME | □ SOUTHERN DISTRICT OF NEW YORK Le CALLY pen ROBERTA REARDON, Commissioner of : vs OPED. 4 | yoy, Labor of the State of New York, : ( emenemter 42s. [4 Plaintiff, : V. ORDER FIRST NATIONAL INSURANCE COMPANY OF AMERICA, SAFECO INSURANCE 19 CV 9542 (VB) COMPANY OF AMERICA, SAFECO NATIONAL INSURANCE COMPANY, and □ LIBERTY MUTUAL INSURANCE COMPANY, Defendants. : ee et On November 22, 2019, defendants moved to dismiss the complaint. (Doc. #9). Accordingly, it is hereby ORDERED that, by no later than December 2, 2019, plaintiff must notify the Court by letter whether (i) she intends to file an amended complaint in response to the motion to dismiss, or (ii) she will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants’ motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC,

(2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord FS Capital v. Pappas,

(2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Within 21 days of such amendment, defendants may either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. Dated: November 25, 2019 White Plains, NY SO wl |

Vincent L. Briccett United States District Judge