Regent Music Corporation v. Delphine Productions S.A.

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . eX DOC #22 DATE FILED: __1/122021 REGENT MUSIC CORPORATION, : Plaintiff, : : 20-CV-4608 (VSB) -against- : : ORDER DELPHINE PRODUCTIONS S.A. et al., : Defendants. : wane eK VERNON S. BRODERICK, United States District Judge: On January 11, 2021, Plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). “[W]hen a plaintiff properly amends [a] complaint after a defendant has filed a motion to dismiss that 1s still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint.” Pettaway v. Nat’l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020). Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants’ current motion to dismiss in light of the facts alleged in the amended complaint.

SO ORDERED.

Dated: January 12, 2021 pe New York, New York if Vernon S. Broderick United States District Judge