Judge Gives Plaintiff June 14 Deadline to Amend CIPA Class Action vs. Reuters

With Reuters having filed a motion May 24 to dismiss Zhizhi Xu’s putative California Invasion of Privacy Act (CIPA) class action (see 2405280015), Rule 15(a)(l)(B) gives Xu 21 days to amend the complaint once “as a matter of course,” said an order signed Wednesday (docket 1:24-cv-02466) by U.S. District Judge Paul Engelmayer for Southern New York in Manhattan. Xu accordingly has until June 14 to file any amended complaint, and no further opportunities to amend “will ordinarily be granted,” said the order. If Xu does amend, Reuters will have until July 8 to file an answer or a new motion to dismiss, it said. Reuters alternatively can submit a letter to the court stating that it will rely on the previously filed motion to dismiss, it said. If no amended complaint is filed, Xu will have until June 14 to serve any opposition to the motion to dismiss, with Reuters’ reply, if any, due by June 21, said the order. Xu’s April 1 class action alleges that three tracking pixels on the Reuters website unlawfully collect visitors' IP addresses in violation of the CIPA (see 2404020024). Reuters’ motion to dismiss called the plaintiff’s complaint “the epitome of a nuisance suit.”