Charter Contracting Company, LLC v. Orange & Rockland Utilities, Inc.
- Vincent Briccetti
- 7:20-cv-00795
- U.S. District Court · Southern District of New York
- 1
In Charter Contracting v. Orange & Rockland, Judge Briccetti ordered Charter to choose whether to amend its complaint or proceed against defendants’ dismissal motion.
Charter Contracting Company, LLC, Orange & Rockland Utilities, Inc., and Consolidated Edison Company of New York, Inc.; the order set deadlines and choices concerning the pending dismissal motion.
What happened
In Charter Contracting Company, LLC v. Orange & Rockland Utilities, Inc., Orange & Rockland Utilities and Consolidated Edison Company of New York filed a motion to dismiss the complaint on March 18, 2020.
The court ordered Charter to notify it by March 30 whether it would file an amended complaint or rely on its existing complaint. If Charter amended its complaint, it had to do so within 14 days after notifying the court, and the defendants would then have 21 days to answer, file another dismissal motion, or rely on their original motion.
The court did not decide the dismissal motion. It warned that if Charter proceeded with its existing complaint, it was unlikely to receive another opportunity to amend based on deficiencies identified in the fully briefed motion. Judge Vincent L. Briccetti issued the order.
The detailed version
- Charter Contracting Company, LLC v. Orange & Rockland Utilities, Inc. · No. 7:20-cv-00795
- Vincent Briccetti
- Mar. 19, 2020
Background
Defendants Orange & Rockland Utilities, Inc. and Consolidated Edison Company of New York, Inc. filed a motion under Federal Rule of Civil Procedure 12(b)(6) seeking dismissal of Charter Contracting Company, LLC’s complaint. The opinion does not decide whether the complaint should be dismissed.
Order
The court ordered Charter to notify the court by March 30, 2020, whether it intended to file an amended complaint in response to the motion or would rely on the complaint already subject to the motion.
If Charter chose not to amend, the motion would proceed under the ordinary schedule. The court stated that it was unlikely to grant Charter another opportunity to amend to address deficiencies made apparent by the fully briefed arguments in the defendants’ motion. The deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the court’s local rules unless the court ordered otherwise.
If Charter chose to amend, it 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 answer the amended complaint, file a motion to dismiss it, or notify the court that they were relying on their initial motion to dismiss.
Disposition
The order set a procedure and deadlines concerning the pending motion to dismiss; it did not grant or deny that motion and did not resolve the merits of the case. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.