Bruce v. New York City Department of Education

Background

The action was referred to Magistrate Judge Barbara Moses for general pretrial management. That assignment includes scheduling, discovery, non-dispositive pretrial motions, settlement, and reports and recommendations on dispositive motions when appropriate.

On July 14, 2025, the defendants filed a motion under Rule 12 of the Federal Rules of Civil Procedure seeking dismissal of the complaint in its entirety. Nicole Bruce’s opposition was due July 28, 2025. She also had until August 4, 2025, to amend her complaint once as a matter of course under Rule 15(a)(1)(B). She filed neither an opposition nor an amended complaint by those deadlines.

The order states that Bruce had been represented by counsel since April 23, 2025, and therefore was not entitled to the additional flexibility generally given to people without lawyers.

Ruling on the Pending Motion

The court extended Bruce’s deadline to oppose the defendants’ motion to dismiss or amend her complaint until August 13, 2025. The order states that no further extensions will be granted. If Bruce files an opposition, the defendants’ reply will be due August 20, 2025.

The court did not grant or deny the motion to dismiss. It warned that, if Bruce does not oppose the motion or amend her complaint by August 13, 2025, the court may grant the motion as unopposed and dismiss the case.

Pretrial Instructions

Judge Barbara Moses directed the parties to follow her individual practices and applicable local rules for discovery applications, requests to extend deadlines or adjourn proceedings, letters and letter-motions, and service of the order. The order also provides instructions concerning discovery timing, discovery conferences, courtesy copies, notices to additional parties or attorneys, and proof of service.