UNITED STATES DISTRICT COURT MEDC SOY SOUTHERN DISTRICT OF NEW YORK DOCUMENT □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ELECTRONICALLY FILED . 2109971 ONTARIO INC HOG ft ” DATE FILED: __6/22/2021 Plaintiff, : : 21-CV-4092 (VSB) -against- : : ORDER SAMIRA FURNITURE LTD, et al., : Defendants. :

wane eK VERNON S. BRODERICK, United States District Judge: On June 17, 2021, Plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). (Doc. 23.) “[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,

, 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: June 21, 2021 i { y ) New York, New York LTA □□□ Vernon S. Broderick United States District Judge