Bryant v. Miller
- Kenneth Karas
- 7:18-cv-10198
- U.S. District Court · Southern District of New York
- 2
In Bryant v. Capra, Judge Karas gave Thomas Bryant 30 days to amend after the court’s earlier dismissal order was not mailed.
Thomas Bryant was given a new opportunity and deadline to file a third amended complaint. The defendants’ earlier dismissal ruling remained the basis for the amendment requirement.
What happened
In Thomas Bryant v. Michael Capra, et al., the court had earlier granted the defendants’ motion to dismiss Bryant’s Second Amended Complaint. Some claims were dismissed with prejudice, while others were dismissed without prejudice, giving Bryant an opportunity to amend those claims.
The court said its January 31, 2020 opinion and order had not been mailed to Bryant by mistake. It ordered the clerk to mail that decision and gave Bryant 30 days from the date of this order—until April 3, 2020—to file a third amended complaint addressing the identified problems.
Judge Kenneth M. Karas warned that failing to amend on time may result in dismissal of Bryant’s remaining claims with prejudice. The order did not decide the merits of the claims; it set a new opportunity and deadline for amendment.
The detailed version
- Bryant v. Miller · No. 7:18-cv-10198
- Kenneth Karas
- Mar. 3, 2020
Background
On January 31, 2020, the court granted the defendants’ motion to dismiss Thomas Bryant’s Second Amended Complaint. The court had dismissed some claims with prejudice, meaning those claims could not be refiled, and some without prejudice, meaning Bryant was given an opportunity to amend them. The January 31 opinion and order gave Bryant 30 days to file a third amended complaint addressing the deficiencies identified by the court.
Reason for This Order
The court stated that the January 31 opinion and order had inadvertently not been mailed to Bryant. Because of that mailing error, the court provided Bryant with 30 days from the date of this order to file a third amended complaint if he wished to continue litigating the case.
Orders and Effect
The court ordered the Clerk of Court to mail Bryant copies of the January 31 opinion and order and this March 3 order. It directed Bryant to file a third amended complaint by April 3, 2020, addressing the deficiencies identified in the January 31 decision. The court warned that failing to amend on time may result in dismissal of Bryant’s remaining claims with prejudice. Judge Kenneth M. Karas did not decide the underlying merits in this order; the order addressed notice and the deadline for amendment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.