Greenlight Capital, Inc. et al v. Fishback Document 15

New York Southern District Court
Case No. 1:24-cv-04832
Filed August 28, 2024

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Page 1 Case 1:24-cv-04832-PAE
Document
Filed 08/27/
Page 1 of
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GREENLIGHT CAPITAL INC. et al.,
-v-
Plaintiffs,
24 Civ. ORDER
JAMES T. FISHBACK,
Defendant.
PAUL A. ENGELMAYER, District Judge:
On August 26, 2024, defendant filed a motion to dismiss, to strike, and to compel
arbitration under Federal Rule of Civil Procedure 12 and the Federal Arbitration Act, 9 U.S.C.
§ 1 et seq. See Dkt. 10. Under Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff has days after the service of a motion under Rule 12(b) or (f) to amend the complaint once as a
matter of course.
Accordingly, it is hereby ORDERED that plaintiffs shall file any amended complaint by
September 16, 2024. No further opportunities to amend will ordinarily be granted. If plaintiffs
do amend, by October 7, 2024, defendant shall: (1) file an answer; (2) file a new motion to
dismiss; or (3) submit a letter to the Court, copying plaintiffs, stating that defendant relies on the
previously filed motion to dismiss.It is further ORDERED that if no amended complaint is filed, plaintiffs shall serve any
opposition to the motion to dismiss by September 16, 2024. A reply from defendant shall be
served by September 30, 2024. At the time any reply is served, the moving party shall supply

If defendant files a new motion to dismiss or relies on his previous motion, an opposition from
plaintiffs will be due 14 days thereafter, and a reply from defendant will be due seven days after
that.
Page 2 Case 1:24-cv-04832-PAE
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Filed 08/27/
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the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single
email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov.
SO ORDERED.
PaJA.�
__________________________________
PAUL A. ENGELMAYER
United States District Judge
Dated: August 27, New York, New York
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