Zervos v. Volunteers of America Greater New York
Alexandra Zervos v. Volunteers of America Greater New York, Michael Solana, and Holly Leahy
- Vernon Broderick
- 1:25-cv-04550
- U.S. District Court · Southern District of New York
- 1
In Zervos v. Volunteers of America, Judge Broderick ordered defendants to say whether their pending dismissal motion should be treated as moot or evaluated against the amended complaint.
Alexandra Zervos and the defendants—Volunteers of America Greater New York, Michael Solana, and Holly Leahy—are affected by the court’s direction concerning the pending motion to dismiss and amended complaint.
What happened
Alexandra Zervos v. Volunteers of America Greater New York, Michael Solana, and Holly Leahy concerns an amended complaint that Zervos filed on September 23, 2025, while the defendants’ motion to dismiss was still pending.
The court explained that, after a proper amendment, it may either deny the pending motion as no longer applicable or consider the motion using the amended complaint’s allegations.
Judge Vernon S. Broderick ordered the defendants to file a letter within seven days stating whether they want the motion denied as moot, without prejudice to answering or filing a new motion, or whether the court should evaluate the current motion under the amended complaint.
The detailed version
- Zervos v. Volunteers of America Greater New York · No. 1:25-cv-04550
- Vernon Broderick
- Sept. 24, 2025
Background
On September 23, 2025, Alexandra Zervos filed an amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). The defendants’ motion to dismiss was pending when she filed the amended complaint.
Legal standard
The court cited a Second Circuit rule that when a plaintiff properly amends a complaint while a motion to dismiss is pending, the district court may either deny the pending motion as moot or evaluate the motion based on the allegations in the amended complaint.
Order
The court ordered the defendants to file a letter within seven days stating which course they want the court to take. The defendants may ask the court to deny the current motion as moot, without prejudice to filing an answer or a new motion to dismiss under Rule 15(a)(3). Alternatively, they may ask the court to evaluate the current motion in light of the amended complaint. The order directs the defendants to state their position; it does not itself select either option or decide the motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.