Altman v. Zwicker & Associates, P.C.

Background

On November 13, 2020, Zwicker & Associates, P.C. moved to dismiss Yeshaya Altman’s complaint. The opinion does not describe the underlying claims or the alleged deficiencies in the complaint.

Order

The court ordered Altman to notify the court by November 23, 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 Altman chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give Altman another opportunity to amend to address deficiencies made apparent by the fully briefed motion.

If Altman chose to amend, he had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, Zwicker & Associates, P.C. could answer the amended complaint, file a motion to dismiss it, or notify the court that it would rely on its initial motion to dismiss. The deadlines for opposition and reply papers were otherwise governed by the Federal Rules of Civil Procedure and the court’s local rules.

Disposition

The order did not grant or deny the motion to dismiss and did not decide the merits of the complaint. Judge Vincent L. Briccetti instead set procedures for deciding whether the plaintiff would amend the complaint or proceed on the existing pleading.