Eisenbach v. Village of Nelsonville
- Vincent Briccetti
- 7:20-cv-08566
- U.S. District Court · Southern District of New York
- 2
In Eisenbach v. Village of Nelsonville, Judge Briccetti gave plaintiffs options for responding to a wireless defendants’ dismissal motion without deciding the case’s merits.
The plaintiffs and the three Wireless Defendants were affected by the deadlines and choices set by the order.
What happened
In Eisenbach v. Village of Nelsonville, three wireless-company defendants moved to dismiss the plaintiffs’ complaint. The order did not decide whether the complaint was legally sufficient.
The court ordered the plaintiffs to notify the court whether they would file an amended complaint or rely on the existing complaint. If they chose to amend, they had to file the amended complaint within 14 days after notifying the court.
The order also set deadlines for the defendants’ response to any amended complaint and warned that the plaintiffs might not receive another chance to amend if they relied on the existing complaint. Judge Briccetti issued the order.
The detailed version
- Eisenbach v. Village of Nelsonville · No. 7:20-cv-08566
- Vincent Briccetti
- Jan. 19, 2021
Background
On January 15, 2021, Homeland Towers, LLC, New York Limited Partnership doing business as Verizon Wireless, and New Cingular Wireless PC, LLC doing business as AT&T Mobility (collectively, the “Wireless Defendants”) moved to dismiss the complaint. The order addressed how the case would proceed in response to that motion; it did not decide the motion to dismiss or the merits of the plaintiffs’ claims.
Options for the Plaintiffs
The court ordered the plaintiffs to notify it by letter whether they intended to file an amended complaint or would rely on the complaint challenged by the motion to dismiss.
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 identified by the fully briefed motion. The court said the deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the Southern District of New York’s local rules unless the court ordered otherwise.
If the plaintiffs chose to amend, they had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after the amendment, the defendants could answer, move to dismiss the amended complaint, or notify the court by letter that they would rely on their initial motion to dismiss.
Disposition
The court issued a case-management order setting these amendment and response procedures. It did not grant or deny the motion to dismiss. Judge Briccetti signed the order on January 19, 2021, in White Plains, New York.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.