Mejia v. High Brew Coffee, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wan eK JOSE MEJIA, : Plaintiff, : : 22-CV-3667 (VSB) -against- : : ORDER HIGH BREW COFFEE, INC., : Defendant. : wan eK VERNON S. BRODERICK, United States District Judge: On August 11, 2022, 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 is 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 Defendant shall file a letter by October 21, 2022 indicating whether its 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 Defendant’s current motion to dismiss in light of the facts alleged in the amended complaint.

SO ORDERED.

Dated: October 18, 2022 hf _ ft New York, New York LLAMA OUI? 1h Vernon S. Broderick United States District Judge