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S.D.N.Y.Procedural orderFiled Apr. 18, 2025

Caro v. LJB Facilities Management LLC

Judge
Katharine Parker
Docket
1:23-cv-03513
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Caro v. LJB Facilities Management, Judge Parker recommended reopening the case and allowing Caro to amend his complaint.

Who this affects

Randy Caro would receive an opportunity to file an amended complaint if the recommendation were accepted. LJB Facilities Management, LLC would remain entitled to judgment if Caro did not file an amended pleading within the recommended 30-day period.

What happened

In Caro v. LJB Facilities Management LLC, the court had previously recommended granting the defendant’s motion to dismiss without prejudice and giving Randy Caro a chance to amend his complaint. Judge Jennifer H. Rearden later adopted that recommendation and ordered the case closed.

Caro then asked the court to reopen the case, vacate the judgment, and let him file an amended complaint. The opinion does not decide whether his amended complaint would succeed.

Judge Katharine H. Parker recommended reopening the case and vacating the judgment so Caro could file an amended complaint within 30 days. She also recommended closing the case and re-entering judgment for the defendant if Caro did not file an amended pleading; the recommendation was subject to objections by the parties.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Caro v. LJB Facilities Management LLC · No. 1:23-cv-03513
Judge
Katharine Parker
Date
Apr. 18, 2025

Background

On November 4, 2024, Magistrate Judge Katharine H. Parker issued a report and recommendation that Defendant LJB Facilities Management, LLC’s motion to dismiss be granted without prejudice and that Plaintiff Randy Caro be given an opportunity to amend his complaint. On March 31, 2025, District Judge Jennifer H. Rearden adopted that recommendation in full and ordered the case closed.

On April 11, 2025, Caro filed a letter asking the court to reopen the case, vacate the Clerk of Court’s judgment, and allow him to file an amended complaint.

Recommendation

Judge Parker recommended reopening the case and vacating the judgment to give Caro an opportunity to file an amended complaint consistent with the earlier recommendation that Judge Rearden adopted. The recommendation relied on Federal Rule of Civil Procedure 60(a), which concerns correcting or adjusting a judgment or order.

Judge Parker further recommended that, if the recommendation were accepted, Caro be permitted to file an amended complaint within 30 days after the case was reopened. She recommended that the case be closed and judgment re-entered for LJB Facilities Management, LLC if Caro did not file an amended pleading within that period.

Objections and Status

The document is a report and recommendation, not a final order deciding whether to reopen the case. It states that Caro had 17 days and LJB Facilities Management, LLC had 14 days after service to file written objections, subject to the stated federal rules. The supplied opinion does not state whether Judge Rearden later adopted this recommendation.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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