This Court advises the parties that when a motion to dismiss is filed, the nonmoving 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 nonmoving party is directed to review the motion to dismiss and to consider exercising, as appropriate, its right to amend under Rule 15(a)(1)(B). If the nonmoving party elects to amend its pleading in response to the motion to dismiss, then the moving party (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss.

If the nonmoving party elects not to amend but instead chooses to litigate the motion to dismiss, the nonmoving party (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and the moving party must file its reply within 14 days of the filing of the response. In its response, the nonmoving party must also address whether any deficiencies identified by the motion to dismiss are curable by amendment.

Following these steps, the Court will take the motion under advisement and will rule in due course following any oral argument that the Court may in its discretion require. If the parties litigate the motion to dismiss and the moving party prevails, the nonmoving party is advised that the Court may dismiss the case with prejudice under the appropriate legal standards.