This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B).  Consistent with the purpose of the Federal Rules “to secure the just, speedy, and inexpensive determination of every action and proceeding,” Fed. R. Civ. P. 1, the non-moving party is directed to carefully review the motion to dismiss and exercise its right to amend under Rule 15(a)(1)(B), if appropriate.  If the non-moving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless ordered otherwise by this Court) shall, within 21 days of the amended pleading, file either: (1) an answer; or (2) a revised motion to dismiss.

If the non-moving party elects to decline this opportunity to amend, and instead chooses to litigate the motion to dismiss, then the non-moving party (unless ordered otherwise by this Court) shall file its response within 28 days of the filing of the motion, and the moving party shall file its reply within 14 days of the filing of the response.  In its response, the non-moving party must also confirm whether, in its view, any deficiencies identified by the motion to dismiss could be cured by amendment.

This Court will take the motion under advisement and will rule in due course.  The parties and their attorneys shall only appear to argue the motion if ordered by this Court.  If the parties litigate the motion to dismiss and the moving party prevails, then the non-moving party is advised that this Court may dismiss the case with prejudice under the appropriate legal standards.