Adzimah v. Ross

Background

On December 30, 2019, Defendant Wilbur L. Ross filed a motion under Federal Rule of Civil Procedure 12(b)(6), which asks the court to dismiss a complaint for failure to state a legal claim. Plaintiff Joseph M. Adzimah was proceeding without a lawyer.

Order

The court explained that Rule 15(a)(1)(B) generally gives a plaintiff 21 days after being served with a Rule 12(b) motion to amend the complaint once as a matter of course. Because Adzimah was representing himself, the court gave him additional time. If he intended to amend, he had to file the amended complaint by February 7, 2020.

The court stated that any amended complaint would completely replace the original complaint and should include all information Adzimah believed was necessary to briefly explain why he was entitled to relief against each defendant. The court warned that failing to amend in response to the fully briefed arguments in Ross’s motion could constitute a waiver of the right to use the amendment process later to correct defects identified in that briefing.

If Adzimah filed an amended complaint, Ross could file an answer, file a new motion to dismiss, or notify the court that he intended to rely on the original motion. If Adzimah did not file an amended complaint, he had to serve his opposition to the motion by February 7, 2020. Ross’s reply, if any, was due by February 21, 2020. Either party could request an extension by showing diligence and a good reason. The court also directed that a courtesy copy of Ross’s motion papers be provided to chambers with any reply and that a copy of the order be mailed to Adzimah.

Disposition

Judge Alison J. Nathan set deadlines and procedures for responding to the pending motion to dismiss. The order did not grant or deny that motion.