Blount v. Westchester County Department of Corrections

Background

The defendant moved to dismiss the complaint on May 6, 2020. The opinion does not describe the complaint’s claims or the grounds for dismissal.

Order

The court ordered James Blount to notify the court by May 18, 2020, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already filed. If Blount chose not to amend, the dismissal motion would proceed under the ordinary schedule. The court also stated that it was unlikely to grant another opportunity to amend based on deficiencies raised in the fully briefed motion.

If Blount chose to amend, he had to file the amended complaint within 14 days after notifying the court of that choice. Within 21 days after the amendment, the defendant could file an answer, file a new motion to dismiss, or notify the court that it would rely on its original motion. The order stated that opposition and reply deadlines would otherwise be governed by the Federal Rules of Civil Procedure and the court’s local rules.

Disposition

Judge Vincent L. Briccetti issued a scheduling and amendment order. The opinion does not state that the court granted or denied the motion to dismiss, and it does not resolve the merits of the complaint.