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S.D.N.Y.Procedural orderFiled Dec. 8, 2020

Shkoza v. NYC Health and Hospital Corporation

Judge
Ronnie Abrams
Docket
1:20-cv-03646
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscoveryMotion to Dismiss
In one sentence

In Shkoza v. NYC Health and Hospital Corporation, Judge Abrams ordered a response to the dismissal motion and stayed discovery pending a decision.

Who this affects

Ardiana Shkoza and defendants NYC Health and Hospital Corporation and Jacobi Medical Center are affected. Shkoza must respond to the dismissal motion within 30 days, and discovery in the case is paused until the court decides that motion.

What happened

In Shkoza v. NYC Health and Hospital Corporation, the court received the defendants’ motion asking it to dismiss the lawsuit. The order did not decide that motion.

The court directed Ardiana Shkoza to respond within 30 days. It also informed her that she could amend her complaint once without permission within 21 days after the defendants served the motion, and provided information about a legal clinic for self-represented litigants.

Judge Ronnie Abrams found good cause to stay discovery under Federal Rule of Civil Procedure 26(c). Discovery will remain paused until the court decides the dismissal motion; if the case is not dismissed, the court will schedule an initial status conference.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Shkoza v. NYC Health and Hospital Corporation · No. 1:20-cv-03646
Judge
Ronnie Abrams
Date
Dec. 8, 2020

Background

The court stated that it had received the defendants’ motion to dismiss the lawsuit. The order did not resolve the motion or determine the merits of the claims.

Directions to Plaintiff

The court directed Ardiana Shkoza to respond to the motion within 30 days of the order. It also explained that, under Federal Rule of Civil Procedure 15, she could amend her complaint once as a matter of course—that is, without first obtaining the court’s permission—within 21 days after service of the defendants’ motion. The court provided information for the New York Legal Assistance Group’s legal clinic for self-represented litigants and stated that the clinic is not part of or run by the court.

Discovery Stay and Disposition

Based on its initial review of the motion to dismiss, the court found good cause under Federal Rule of Civil Procedure 26(c) to stay discovery. Discovery is stayed until the court decides the motion to dismiss. If the case is not dismissed, the court will schedule an initial status conference after that decision. The clerk was directed to mail the order to the plaintiff. Judge Ronnie Abrams therefore entered an interim case-management order, not a ruling granting or denying the motion to dismiss.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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