Jones v. Thomas

Background

On January 22, 2021, the defendants filed a motion to dismiss the plaintiff’s second amended complaint under Rule 12(b) of the Federal Rules of Civil Procedure. The opinion does not describe the underlying claims or the grounds for dismissal.

Amendment option and briefing schedule

Under Rule 3.F of the court’s individual practices, a party responding to a motion to dismiss may elect once to amend the complaint. The court ordered that, if the plaintiff intended to seek permission to file a third amended complaint, he had to do so by February 22, 2021. The court explained that any amended complaint would completely replace the existing complaint and should include all information necessary to state briefly why the plaintiff was entitled to relief against each defendant.

The court warned that failing to amend in response to defects identified in the defendants’ fully briefed motion could result in waiver of the opportunity to use the amendment process to correct those defects. If the plaintiff amended, the defendants could file an answer, file a new motion to dismiss, or submit a letter stating that they intended to rely on their original motion.

If the plaintiff did not file an amended complaint, the court ordered him to serve his opposition to the motion to dismiss by February 22, 2021. The defendants’ reply, if any, was due March 8, 2021. Either side could request an extension by showing diligence and a good reason.

Ruling

Judge Alison J. Nathan set the amendment and briefing deadlines and directed the clerk to mail the order to the plaintiff. The court did not grant or deny the motion to dismiss and did not decide the merits of the case.