Johnson v. VanWagner
- Vincent Briccetti
- 7:20-cv-08695
- U.S. District Court · Southern District of New York
- 1
In Johnson v. VanWagner, Judge Briccetti ordered plaintiffs to choose whether to amend their complaint before defendants’ dismissal motion proceeds.
The order affected the plaintiffs, who had to choose whether to amend their complaint, and the defendants, who received specified options and deadlines if an amended complaint was filed.
What happened
In Johnson v. VanWagner, defendants had moved to dismiss the complaint filed by Melissa Johnson on behalf of her minor children, J.B. and J.D.
The court ordered plaintiffs to notify it by November 23, 2020, whether they would file an amended complaint or rely on the existing complaint. If they chose to amend, they had 14 days after notifying the court to file the amended complaint.
Judge Vincent L. Briccetti did not decide the dismissal motion. The order set deadlines and explained the next steps for the parties, including defendants’ options after an amended complaint was filed.
The detailed version
- Johnson v. VanWagner · No. 7:20-cv-08695
- Vincent Briccetti
- Nov. 16, 2020
Background
Melissa Johnson brought the case on behalf of her minor children, J.B. and J.D., against Kevin D. VanWagner, John Williams, and the City of Poughkeepsie. On November 13, 2020, the defendants moved to dismiss the complaint.
Court’s Order
The court ordered the plaintiffs to notify the court by November 23, 2020, whether they would:
1. file an amended complaint in response to the motion to dismiss; or 2. rely on the complaint that was the subject of the motion.
If the plaintiffs chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give the plaintiffs another opportunity to amend to address deficiencies made apparent by the fully briefed arguments in the motion.
If the plaintiffs chose to amend, they had to file the amended complaint no later than 14 days after notifying the court of that decision. Within 21 days after the amendment, the defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court that they were relying on the initial motion to dismiss. The court also stated that the deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the court’s local rules unless the court ordered otherwise.
Disposition and Significance
Judge Vincent L. Briccetti issued a scheduling and case-management order. The order did not grant or deny the motion to dismiss and did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.