In re: Omega Healthcare Investors, Inc. Securities Litigation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------X In re OMEGA HEALTHCARE INVESTORS, INC. SECURITIES LITIGATION ORDER --------------------------------------X This Document Relates To: 17 Civ. 8983 (NRB) ALL ACTIONS --------------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE WHEREAS, on August 3, 2020, the U.S. Court of Appeals for the Second Circuit issued an opinion reversing this Court’s decision in Royce Setzer v. Omega Healthcare Inv’rs, Inc., No. 19-1095, __ F.3d __, 2020 WL 4431902 (2d Cir. Aug. 3, 2020) (ECF No. 74), and remanded the case; and WHEREAS, on August 3, 2020, plaintiffs filed a letter requesting that the Court convert plaintiffs’ pending motion for relief from the judgment (ECF No. 65) into a motion for leave to amend the complaint (ECF No. 75); and WHEREAS, on August 18, 2020, the parties’ stipulated that plaintiffs may file a second amended complaint by August 28, 2020, which the Court so-ordered (ECF No. 77), it is hereby ORDERED that plaintiffs’ motion for relief from the judgment (ECF No. 65) and request to convert that motion into a motion for leave to amend the complaint (ECF No. 75) are denied as moot.

The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 65.

SO ORDERED.

Dated: New York, New York August 26, 2020 / if —— ( Le AA x tt Ye chal ft NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE