Peralta v. Khouri
- Philip Halpern
- 7:24-cv-02760
- U.S. District Court · Southern District of New York
- 2
In Peralta v. Khouri, Judge Halpern granted Peralta leave to amend, requiring Khouri to answer, move again, or rely on her earlier motion.
Jimy J. Peralta, Doctor Khouri, and the additional defendants identified in the amended complaint as “El Moackly” and John Doe.
What happened
Jimy J. Peralta sued Doctor Khouri and is representing himself. The court was considering Khouri’s request to dismiss the original complaint, but Peralta did not file a response by the original or extended deadline.
Before the extended deadline, Peralta mailed the court an amended complaint and asked the court to accept it. The amended complaint adds “El Moackly” and a John Doe as defendants and includes new allegations about Khouri.
Judge Philip M. Halpern granted Peralta permission to amend. The court directed Khouri, by February 7, 2025, to answer the amended complaint, file a new request to dismiss, or state that she will rely on her earlier request. The court did not decide the pending request to dismiss.
The detailed version
- Peralta v. Khouri · No. 7:24-cv-02760
- Philip Halpern
- Jan. 17, 2025
Background
Jimy J. Peralta, who is proceeding without a lawyer, brought this action against Doctor Khouri on April 10, 2024. Khouri filed a motion to dismiss the complaint. Under the court’s briefing schedule, Peralta’s opposition was due October 7, 2024, but he did not file opposition papers. On December 17, 2024, the court extended the deadline to January 16, 2025.
Amended Complaint
On January 15, 2025, the court received by mail an amended complaint and a letter in which Peralta asked the court to “file and grant” the amended complaint. The proposed amended complaint adds “El Moackly” and a John Doe as defendants and includes new allegations concerning Khouri.
Ruling and Next Steps
The court granted Peralta’s request for permission to amend. The amended complaint and Peralta’s letter were to be docketed separately. The court directed Khouri, by February 7, 2025, to take one of three actions: file an answer to the amended complaint; file a new motion to dismiss under the court’s Individual Rules; or file a letter stating that she intends to rely on the previously filed motion to dismiss. The order did not rule on the merits of Khouri’s motion to dismiss. Judge Philip M. Halpern also directed the Clerk of Court to mail Peralta a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.