Adzimah v. Ross

Background

Joseph M. Adzimah, representing himself, filed the action against Secretary Wilbur L. Ross and the United States Department of Commerce. Adzimah alleged that the United States Census Bureau discriminated against him because of his disability, violating the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the New York City Human Rights Law.

Ross filed a motion under Federal Rule of Civil Procedure 12(b)(6), which asks the court to dismiss a complaint for failing to state a legally sufficient claim. The motion was filed on December 30, 2019.

Deadlines and Court Order

The court initially gave Adzimah until February 7, 2020, to file an amended complaint. The court warned that failing to amend on time in response to the fully briefed arguments could waive his opportunity to use amendment to correct defects identified in Ross’s motion.

The court granted Adzimah’s requests for two extensions. The second extension set a deadline of March 27, 2020. Nearly six months later, Adzimah had not filed an amended complaint or taken any other action to prosecute the case.

The court therefore ordered Adzimah to file either an amended complaint or a response to Ross’s December 30, 2019 motion by October 14, 2020. Judge Mary Kay Vyskocil warned that further failure to comply with court orders and prosecute the case could result in sanctions, including dismissal under Federal Rule of Civil Procedure 41(b), which permits dismissal for failure to prosecute or comply with court orders.

Disposition

The order set a new deadline and issued a warning. It did not grant or deny Ross’s motion to dismiss and did not decide whether Adzimah’s discrimination claims were legally sufficient.