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Labor: E.R.I.S.A. | New York Eastern
Order on Motion for Pre Motion Conference
ORDER: The Court has received the Amended Complaint. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Here, where a pre-motion conference letter in anticipation of filing a motion to dismiss (ECF No. 14) was filed on November 3, 2025, the Amended Complaint was permissibly filed on January 5, 2026. Accordingly, the pre-motion conference letter (ECF No. 14) is dismissed as moot, and the Amended Complaint is the operative pleading. Any renewed request for a pre-motion conference in anticipation of filing a motion to dismiss must filed by January 27, 2026. Ordered by Judge Nusrat J. Choudhury on 1/12/2026. (JEG)
Initial Conference Hearing ~Util - Set Hearings
Minute Entry for proceedings held on 1/8/2026 before Magistrate Judge Lee G. Dunst: Civil Cause for Initial Conference. Counsel for Plaintiff: John H Kardisch, Bonnie Link Kardisch. Hailey Loehr, Joanna Esposito, Matthew Paul Mazzola, Ariella Ederi. FTR #: 2:04-2:26, via Zoom. Case called. Counsel for all sides present. For the reasons stated on the record, the parties joint proposed schedule at DE 18 is APPROVED as follows: (1) fact discovery by 6/30/2026; (2) exchange of expert report(s), if any, by 8/1/2026; (3) expert discovery by 10/1/2026; (4) all discovery by 10/15/2026; and (5) the final date to take the first step in dispositive motion practice, if any, consistent with the Individual Practice Rules of District Judge Nusrat J. Choudhury, is 10/15/2026.Additionally, any motion to amend the pleadings to add claims or join additional parties must be filed by 3/31/2026. Any such motion filed on or after 4/1/2026 will be denied absent a showing of good cause under Fed. R. Civ. P. 16(b)(4). See Sacerdote v. New York University, 9 F. 4th 95, 115 (2d Cir. 2021).The parties shall submit a joint status report by 1/22/2026. In that report, Defendants shall advise the Court about whether they intend to proceed with any sort of mediation. The Court will hold a status conference on 6/24/2026 at 11:00 AM via Zoom. The Court will provide a Zoom invitation link prior to the commencement of the conference. SO ORDERED by Magistrate Judge Lee G. Dunst on 1/8/2026. (CT)
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