Bonie v. Annucci
- Kenneth Karas
- 7:20-cv-00640
- U.S. District Court · Southern District of New York
- 2
In Bonie v. Annucci, Judge Karas granted Thomas and Mazzalla’s motion to strike Bonie’s late, unauthorized second amended complaint.
NASEAN BONIE, who represented himself, had his second amended complaint struck; Defendants Ileshema Thomas and David Mazzalla obtained the ruling on their motion.
What happened
In Bonie v. Annucci, NASEAN BONIE filed a second amended complaint about four and a half months after the court’s deadline. He filed it without asking the court for permission.
The court had previously given Bonie 30 days to file the complaint and later confirmed that the deadline was May 1, 2023. Bonie attended a May 9, 2023 conference at which the court confirmed he had missed the deadline, but he filed the complaint on September 15, 2023.
Judge Karas granted Defendants Thomas and Mazzalla’s motion to strike the second amended complaint. The opinion’s provided text does not state a separate ruling on the request to dismiss.
The detailed version
- Bonie v. Annucci · No. 7:20-cv-00640
- Kenneth Karas
- Aug. 8, 2024
Background
The court had previously issued an order granting in part and denying in part defendants’ motion to dismiss NASEAN BONIE’s amended complaint. That order gave Bonie 30 days to file a second amended complaint. After Bonie requested more time, the court reiterated that the deadline was May 1, 2023.
Bonie attended a May 9, 2023 status conference, where the court confirmed that he had missed the filing deadline. On September 15, 2023—approximately four and a half months after the deadline—Bonie filed a second amended complaint without obtaining permission from the court.
Motion and ruling
Correctional Officer Ileshema Thomas and David Mazzalla moved under Federal Rules of Civil Procedure 12(b) and 12(f) to dismiss the second amended complaint or strike it and any new claims or allegations. The opinion states that the court granted the motion to strike the second amended complaint.
Rule 15(a)(2) generally requires a party to obtain the opposing party’s written consent or the court’s permission before amending a complaint when permission is required. Because Bonie filed the second amended complaint after the court-ordered deadline and without leave of court, the court concluded that striking it was within its discretion. The provided opinion text does not state a separate disposition of the request to dismiss or expressly address whether the second amended complaint was the only pleading affected.
Effect
The ruling struck Bonie’s second amended complaint based on his failure to comply with the court’s filing deadline and his failure to obtain permission to file it. The provided text does not describe the status of the earlier amended complaint or the remaining claims after the second amended complaint was struck.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.