Bonadies v. Town of Amenia
- Vincent Briccetti
- 7:19-cv-10890
- U.S. District Court · Southern District of New York
- 1
In Bonadies v. Town of Amenia, Judge Briccetti ordered plaintiff to choose whether to amend his complaint or proceed against defendants’ dismissal motion.
Anthony Bonadies and the defendants—Town of Amenia, Michael C. Segelken, and Victoria Perotti—were affected by the deadlines and options governing the pending motion to dismiss and any amended complaint.
What happened
In Bonadies v. Town of Amenia, the defendants had moved to dismiss Anthony Bonadies’s complaint. The order did not decide that motion.
The court required Bonadies to notify the court by February 10, 2020, whether he would file an amended complaint or rely on his existing complaint. If he chose to amend, he had 14 days after notifying the court to file the amended complaint.
Judge Briccetti ordered that, after an amended complaint, the defendants could answer, move to dismiss it, or notify the court that they would rely on their original motion. If Bonadies chose not to amend, the original motion would proceed under the normal schedule.
The detailed version
- Bonadies v. Town of Amenia · No. 7:19-cv-10890
- Vincent Briccetti
- Jan. 31, 2020
Background
On January 30, 2020, the defendants moved to dismiss Anthony Bonadies’s complaint. The opinion does not describe the claims or decide whether the complaint should be dismissed.
Court’s Order
The court ordered Bonadies to notify it by February 10, 2020, whether he would either:
1. file an amended complaint in response to the motion to dismiss; or 2. rely on the complaint challenged by the motion.
If Bonadies chose not to amend, the motion to dismiss would proceed in the regular course. The court stated that it was unlikely to give him another opportunity to amend to address deficiencies identified by fully briefed arguments in the defendants’ motion.
If Bonadies chose to amend, he had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, the defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on the original motion to dismiss. The deadlines for opposing and reply papers would be governed by the Federal Rules of Civil Procedure and the Local Civil Rules unless the court ordered otherwise.
Effect of the Order
The court issued a case-management order concerning the pending motion and possible amendment. It did not grant or deny the motion to dismiss and did not resolve the merits of Bonadies’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.