Hartmann v. Popcornflix.com LLC ( 2020 )

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . : poc#: HARTMANN, : DATE FILED: 12/1/2020 Plaintiff, : : 20-CV-4923 (VSB) -against- : : ORDER POPCORNFLIX.COM LLC and CHICKEN _ : SOUP FOR THE SOUL ENTERTAINMENT, : INC., : Defendants. : wane eK VERNON S. BRODERICK, United States District Judge: On November 30, 2020, 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: December 1, 2020 f fet New York, New York } y | | ; Vernon S. Broderick United States District Judge