UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
July 6, 2011
SIGURD A. SORENSON, PLAINTIFF,
ROBERT FRIEDMAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: John G. Koeltl, District Judge:
MEMORANDUM OPINION AND ORDER
As discussed on the record at today's conference, the plaintiff's request for leave to file an amended complaint is granted. The plaintiff may file an amended complaint by July 22, 2011. The defendants' time to move or answer is August 19, 2011. If the defendants move to dismiss the amended complaint, the plaintiff's time to respond is September 9, 2011, and the defendants' time to reply is September 23, 2011. If the defendants choose to answer the complaint without filing a motion to dismiss, they should advise the Court by letter of the decision, so that a scheduling conference may be set.
The defendants' motion to dismiss is denied without prejudice as moot. The plaintiff is advised, however, that because he is being given the opportunity to amend the complaint, the grant of any subsequent motion to dismiss will be with prejudice. See Abu Dhabi Commercial Bank v. Morgan Stanley & Co. Inc., 2009 WL 3346674, at *2 n.14 (S.D.N.Y. Oct. 15, 2009)
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