Barberan v. Town of Eastchester
- Vincent Briccetti
- 7:19-cv-10983
- U.S. District Court · Southern District of New York
- 1
In Barberan v. Town of Eastchester, Judge Briccetti ordered plaintiff to choose whether to amend before defendants’ dismissal motion proceeds.
Anthony Barberan and the defendants—the Town of Eastchester, the Eastchester Police Department, Timothy Bonci, and Jeffrey Hunter—were affected by the deadlines and procedures governing amendment of the complaint and the pending motion to dismiss.
What happened
In Barberan v. Town of Eastchester, defendants had moved to dismiss the complaint, and the court ordered plaintiff to notify the court by March 9, 2020, whether he intended to file an amended complaint or rely on the existing complaint.
If plaintiff chose to amend, he had 14 days after notifying the court to file the amended complaint. Defendants then could answer, move to dismiss the amended complaint, or state that they would rely on their original motion. If plaintiff did not amend, the original motion would proceed under the regular schedule.
Judge Vincent L. Briccetti did not decide the motion to dismiss; he issued instructions governing whether the complaint would be amended and how the motion would proceed.
The detailed version
- Barberan v. Town of Eastchester · No. 7:19-cv-10983
- Vincent Briccetti
- Mar. 2, 2020
Background
On February 28, 2020, the defendants moved to dismiss the complaint. The opinion does not decide whether that motion should be granted or denied.
Court’s Order
The court ordered the plaintiff to notify the court by March 9, 2020, whether he would either file an amended complaint in response to the motion or rely on the complaint already challenged by the motion.
If the plaintiff elected not to amend, the motion to dismiss would proceed in the regular course. The court stated that it was unlikely to give the plaintiff another opportunity to amend to address deficiencies made apparent by the fully briefed motion arguments.
If the plaintiff elected to amend, he had to file the amended complaint within 14 days after notifying the court of that decision. Within 21 days after the amendment, the defendants could file an answer, move to dismiss the amended complaint, or notify the court by letter 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 court’s local rules unless the court ordered otherwise.
Result and Significance
Judge Vincent L. Briccetti issued a case-management order concerning amendment of the complaint and the pending motion to dismiss. The order did not grant or deny the motion and did not resolve the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.