C.D. v. NEW YORK CITY DEPARTMENT OF EDUCATION
C.D., on behalf of herself and her minor child, J.D. v. NEW YORK CITY DEPARTMENT OF EDUCATION, et al.
- Vernon Broderick
- 1:23-cv-07189
- U.S. District Court · Southern District of New York
- 2
In C.D. v. New York City Department of Education, Judge Broderick denied as moot Defendants’ first motion to dismiss after C.D. amended her complaint.
Defendants’ October 30, 2023 motion to dismiss the original complaint was denied as moot, and the Clerk of Court was directed to terminate that motion from the docket. The opinion does not decide the January 3, 2024 motion to dismiss the amended complaint.
What happened
C.D., on behalf of herself and her minor child, J.D., sued the New York City Department of Education and others. Defendants first moved to dismiss the complaint on October 30, 2023.
C.D. then filed an amended complaint on November 20, 2023. Defendants filed a new motion to dismiss the amended complaint on January 3, 2024.
Judge Broderick denied as moot Defendants’ October 30, 2023 motion to dismiss the original complaint and directed the Clerk of Court to terminate that motion from the docket.
The detailed version
- C.D. v. NEW YORK CITY DEPARTMENT OF EDUCATION · No. 1:23-cv-07189
- Vernon Broderick
- Sept. 10, 2025
Background
C.D., on behalf of herself and her minor child, J.D., filed the complaint on August 14, 2023. Defendants moved to dismiss that complaint on October 30, 2023.
Amended Complaint and Motions
C.D. filed an amended complaint on November 20, 2023, under Federal Rule of Civil Procedure 15(a)(1)(B). Under Rule 15(a)(3), Defendants filed a new motion to dismiss the amended complaint on January 3, 2024.
Ruling
The court stated that when a plaintiff properly amends a complaint while an earlier motion to dismiss is pending, the court may either deny the earlier motion as moot or evaluate it based on the amended complaint. In light of Defendants’ January 3, 2024 motion to dismiss the amended complaint, Judge Vernon S. Broderick denied Defendants’ October 30, 2023 motion to dismiss the original complaint as moot. The Clerk of Court was directed to terminate the open motion at docket entry 8.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.