Joachin v. AIG

Background

Nadine Joachin sued AIG, The United States Life Insurance Company, Scott Pierce, and Mikail Alsafa. The defendants filed a motion to dismiss. In an earlier order, the court denied that motion without prejudice and gave Joachin an opportunity to amend her complaint and oppose the motion.

The defendants moved for reconsideration of that earlier order. The court acknowledged that it had made an error by stating that the defendants had not filed proof that they served their motion to dismiss. The court also found, however, that Joachin had not previously received notice of the earlier order granting her time to amend and setting a deadline to oppose the dismissal motion. The opinion states that Joachin was representing herself, and that she has since filed a notice of appearance in the case.

Ruling

The court denied the defendants’ motion for reconsideration. It explained that a self-represented plaintiff ordinarily should receive sufficient notice of the possibility of dismissal and an opportunity to correct the complaint and oppose the motion.

The court stated that Joachin must file any amended complaint by May 5, 2025. The order called this her final opportunity to correct the problems identified in the defendants’ motion papers or the earlier order. If she files an amended complaint, the defendants must respond within 14 days; any opposition to a new dismissal motion would be due June 23, 2025, and any reply would be due June 30, 2025.

If Joachin chooses not to amend, she must oppose the defendants’ previously filed motion to dismiss by May 5, 2025. The court vacated its earlier ruling requiring the defendants to file a renewed motion with proof of service. The court warned that failing to oppose the motion by that date may result in dismissal for failure to prosecute. The Clerk was asked to terminate ECF No. 11.