Safani Gallery, Inc. v. Italian Republic
- Vernon Broderick
- 1:19-cv-10507
- U.S. District Court · Southern District of New York
- 2
In Safani Gallery v. Italian Republic, Judge Broderick granted an extension and denied the pending dismissal motion as moot.
The Italian Republic received additional time to respond to the amended complaint; the pending dismissal motion was denied as moot, and the case could proceed under the amended complaint.
What happened
Safani Gallery, Inc. v. Italian Republic concerns the Italian Republic’s response to an amended complaint. The plaintiff filed the amended complaint after the court extended the deadline to July 20, 2020.
The Italian Republic said it would not renew its earlier dismissal motion because the amended complaint substantially changed the case. It asked for 14 more days—from August 5 to August 19, 2020—to file a new dismissal motion, and the plaintiff’s lawyer consented.
Judge Vernon S. Broderick granted the extension application. He also denied the Italian Republic’s pending motion to dismiss as moot in light of the amended complaint.
The detailed version
- Safani Gallery, Inc. v. Italian Republic · No. 1:19-cv-10507
- Vernon Broderick
- July 29, 2020
Background
The court had previously required Safani Gallery, Inc. to file any amended complaint by July 13, 2020, and set August 5, 2020, as the deadline for the Italian Republic’s response. After the court granted the plaintiff an extension, the amended-complaint deadline became July 20, 2020. The opinion states that the plaintiff filed an amended complaint.
The Italian Republic’s request
The Italian Republic said its earlier motion to dismiss would not be renewed because the amended complaint was substantially different from the original complaint, making much of the earlier motion no longer relevant. It requested a 14-day extension, from August 5 to August 19, 2020, to file a new motion to dismiss. The Italian Republic cited new arguments in the amended complaint, communication delays during the COVID-19 pandemic, and the absence of a scheduling order. The plaintiff’s counsel consented to the extension.
Ruling
Judge Vernon S. Broderick granted the application for an extension. He also denied the Italian Republic’s pending motion to dismiss as moot in light of the amended complaint. The court cited the rule that, when a plaintiff properly amends a complaint while a dismissal motion is pending, the court may deny the pending motion as moot or consider it in light of the amended complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.