Hudson Valley Bone & Joint Surgeons, LLP v. CNA Financial Corporation

Background

Defendants CNA Financial Corporation and National Fire Insurance Company of Hartford moved to dismiss the complaint on October 20, 2020. The order does not describe the claims or the arguments supporting dismissal.

Order

The court ordered Hudson Valley Bone & Joint Surgeons, LLP, to notify the court by October 30, 2020, whether it intended to file an amended complaint in response to the motion to dismiss or would rely on the existing complaint.

If the plaintiff chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give the plaintiff another opportunity to amend to address deficiencies revealed by the fully briefed motion arguments.

If the plaintiff chose to amend, it had to file the amended complaint within 14 days after notifying the court of that choice. Within 21 days after the amendment, defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on the initial motion to dismiss. The order also stated that briefing deadlines would be governed by the Federal Rules of Civil Procedure and the local civil rules unless the court ordered otherwise.

Disposition and effect

Judge Vincent L. Briccetti’s order set procedural deadlines and required the plaintiff to choose between amending the complaint and proceeding on the existing complaint. The order did not grant or deny the motion to dismiss and did not decide the merits of the claims.