Oliver v. Army West Point Athletic Association
- Vincent Briccetti
- 7:20-cv-06934
- U.S. District Court · Southern District of New York
- 1
In Oliver v. Army West Point Athletic Association, Judge Briccetti ordered Oliver to choose whether to amend his complaint after defendant moved to dismiss.
Jonathan Oliver and Army West Point Athletic Association; the order sets the next steps for Oliver’s complaint and the defendant’s motion to dismiss.
What happened
Oliver v. Army West Point Athletic Association concerns a motion by the defendant to dismiss Oliver’s complaint.
The court ordered Oliver to notify the court by November 20, 2020, whether he would file an amended complaint or rely on his existing complaint. The opinion does not describe the claims or decide the motion to dismiss.
Judge Vincent L. Briccetti stated that if Oliver amended, he had to do so within 14 days after notifying the court, and the defendant would then have 21 days to respond in one of three specified ways. If Oliver did not amend, the motion to dismiss would proceed under the ordinary schedule.
The detailed version
- Oliver v. Army West Point Athletic Association · No. 7:20-cv-06934
- Vincent Briccetti
- Nov. 10, 2020
Background
The opinion states that Army West Point Athletic Association moved to dismiss the complaint on November 9, 2020. The excerpt does not identify the claims or explain the grounds for dismissal.
Court’s Order
The court ordered Jonathan Oliver to notify the court by November 20, 2020, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already challenged by the motion.
If Oliver chose not to amend, the motion to dismiss would proceed under the Federal Rules of Civil Procedure and the local civil rules. The court stated that it was unlikely to give Oliver another opportunity to amend to address deficiencies made apparent by the fully briefed motion arguments.
If Oliver chose to amend, he had to file the amended complaint within 14 days after notifying the court. Within 21 days after that amendment, the defendant could answer, move to dismiss the amended complaint, or notify the court that it would rely on its original motion to dismiss.
Disposition
The court did not grant or deny the motion to dismiss in this order. Judge Vincent L. Briccetti issued case-management instructions concerning amendment of the complaint and the parties’ next filings.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.