Plaintiff choose to file an amended complaint, he must do so within 30 days of this Order, addressing the deficiencies outlined herein. He is advised that an amended complaint replaces the Complaint currently pending before the Court in its entirety and therefore must include all of his claims and factual allegations against all Defendants against whom he wishes to proceed. The amended complaint must be captioned “ First Amended Complaint” and bear the same docket number as this Order. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 40). SO ORDERED. 1 . The Court notes that Defendants do not raise the issue of qualified immunity and, as a result, declines to address it at this stage. See Satchell v. Dilworth, 745 F.2d 781, 784 (2d Cir.1984) (<HOLDING>); accord Betts v. Shearman, No. 12-CV-3195,
holding that mitigation of damages is an affirmative defense that must be pleaded holding that fair use is an affirmative defense holding that qualified immunity is an affirmative defense that must be pled by the official who claims it holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense holding that affirmative defenses are waived if not pled