Cummings et al v. Adidas USA et al, No. 1:2008cv09860 - Document 61 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER,#98135 that because plaintiffs failed to comply with the Federal Rule of Civil Procedure Rule 15(a)(2) and paragraph III(B) of this Court's Individual Rules and Procedures, plaintiffs' Second Amended Complaint is hereby s tricken from the record and their letter request to amend the Second Amended Complaint is hereby denied. If plaintiffs wish to re-file a Second Amended Complaint, they must either obtain defendants' written consent or move this Court for leave t o amend. Plaintiffs shall have until October 12, 2009 to file a motion for leave to amend. If plaintiffs file a motion for leave to amend, defendants shall have until October 26, 2009 to file an opposition and plaintiffs shall have until November 2, 2009 to reply. The Clerk of the Court is directed to strike the Second Amended Complaint from the docket (Docket no. 60). (Signed by Judge Shira A. Scheindlin on 10/2/09) (pl) Modified on 10/13/2009 (eef).