Paguada v. Home Training Tools, LTD. ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSUE PAGUADA, : Plaintiff, : : 22-CV-919 (VSB) -against- : : ORDER HOME TRAINING TOOLS, LTD., : Defendant. : VERNON S. BRODERICK, United States District Judge: On April 1, 2022, Defendant filed a motion to dismiss the original complaint filed in this action. (Doc. 9.) On April 21, 2022, Plaintiff filed an Amended Complaint. (Doc. 12.) When plaintiff amends the operative 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, 304 (2d Cir. 2020). Accordingly, it is hereby ORDERED that by May 13, 2022, Defendant shall file either (4) a letter stating that it wishes me to consider its pending motion to dismiss as one to dismiss the Amended Complaint; or an answer or motion to dismiss specifically in response to the Amended Complaint. SO ORDERED. Dated: April 22, 2022 i % _ { y ) New York, New York LSU AON he VERNON S. BRODERICK United States District Judge