Doe v. Jackson
- Andrew Carter
- 1:23-cv-04910
- U.S. District Court · Southern District of New York
- 1
In Doe v. Jackson, Judge Carter denied Defendants’ initial motion to dismiss as moot after Doe amended the complaint.
The ruling affected Defendants’ initial motion to dismiss and left the amended complaint subject to the amended motion to dismiss.
What happened
In Doe v. Jackson, Defendants first moved to dismiss the complaint. Doe then filed an amended complaint and a memorandum opposing the motion.
After a conference, the Court allowed Defendants to file an amended motion to dismiss. Because the amended complaint was subject to a new motion, the Court denied the initial motion at ECF No. 50 as moot and directed the Clerk to terminate it.
Judge Carter’s order did not decide the merits of the claims. It addressed only the status of the initial motion after the complaint was amended.
The detailed version
- Doe v. Jackson · No. 1:23-cv-04910
- Andrew Carter
- Aug. 5, 2024
Background
Defendants filed an initial motion to dismiss on February 15, 2024, at ECF No. 50. Doe then filed an amended complaint as a matter of right under Federal Rule of Civil Procedure 15, along with a memorandum opposing Defendants’ motion. After a conference with the parties, the Court allowed Defendants to file an amended motion to dismiss.
Ruling
The Court held that Doe’s amended complaint made the initial motion to dismiss moot because Defendants’ new motion would address the amended complaint. The Court therefore denied as moot Defendants’ initial motion at ECF No. 50. It also directed the Clerk of Court to terminate that motion.
Effect of the Order
The order concerned only the initial motion to dismiss. It did not decide the merits of the claims or rule on the amended motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.