Bensley v. Falconstor Software, Inc.

Cheryl L. Pollak

By letter dated December 16,2011, Lead plaintiff William Bums moves: 1) to substitute defendants ReiJane Huai and the Jon/Jane Doe Executor/Fiduciary with Shu Wen Huai, the Executor/Fiduciary of the Estate of ReiJane Huai; 2) for leave to file an amended complaint; and 3) for a revised briefing schedule to provide defendants with enough time to respond to the amended complaint. (Pl. 's 12/16 Ltr. at 1). Given that plaintiffs motions are unopposed, the Court hereby grants plaintiff's motion to substitute defendants ReiJane Huai and the Jon/Jane Doe Executor/Fiduciary with Shu Wen Huai, the Executor/Fiduciary of the Estate of ReiJane Huai and authorizes plaintiff to file the proposed Consolidated Second Amended Complaint reflecting the substitution of the parties.

In addition, the Court revises the briefing schedule as follows:

(1) Consolidated Second Amended Complaint due on or before December 23,2011;
(2) Defendants' answer or motion to dismiss due 30 days thereafter;
(3) Plaintiffs' opposition to defendants' motion to dismiss due 45 days thereafter; and
(4) Defendants' reply due 30 days thereafter.

The Clerk is directed to send copies of this Order to the parties either electronically through the Electronic Case Filing ("ECF") system or by mail.

SO ORDERED.

Dated; Brooklyn, New York

December 19, 2011

_________________

Cheryl L. Pollak

United States Magistrate Judge