Suarez v. Sullivan
- Vincent Briccetti
- 7:20-cv-07133
- U.S. District Court · Southern District of New York
- 2
In Suarez v. Sullivan, Judge Briccetti ordered Suarez to say whether he will amend his complaint before defendants’ motions to dismiss proceed.
Elvin Suarez and the defendants, because the order sets deadlines and determines how the pending motions to dismiss will proceed.
What happened
In Suarez v. Sullivan, defendants filed motions asking the court to dismiss Suarez’s complaint. All defendants except Anthony J. Annucci filed their motion on January 11, 2021; Annucci filed his motion on February 16, 2021.
The court ordered Suarez to notify it by February 26, 2021, whether he intends to file an amended complaint or rely on his existing complaint. If he chooses to amend, he must file the amended complaint within 14 days after notifying the court.
Judge Vincent L. Briccetti did not decide the motions to dismiss. The order explains what will happen next depending on whether Suarez files an amended complaint, including deadlines for defendants to answer, move to dismiss the amended complaint, or rely on their existing motions.
The detailed version
- Suarez v. Sullivan · No. 7:20-cv-07133
- Vincent Briccetti
- Feb. 17, 2021
Background
The opinion identifies Elvin Suarez as the plaintiff and names Anthony J. Annucci and the other listed individual and state defendants as defendants. All defendants other than Annucci moved to dismiss the complaint on January 11, 2021. Annucci separately moved to dismiss on February 16, 2021.
Order
The court ordered Suarez to notify the court by February 26, 2021, whether he intends to file an amended complaint in response to the motions to dismiss or instead will rely on the complaint already challenged by those motions.
If Suarez chooses not to amend, the motions to dismiss will proceed in the ordinary course. The court stated that it is unlikely to give him another opportunity to amend to address deficiencies revealed by the fully briefed motions.
If Suarez chooses to amend, he must file the amended complaint no later than 14 days after notifying the court of that decision. Within 21 days after the amendment, the defendants may answer the amended complaint, file a motion to dismiss it, or notify the court that they are relying on their original motions. The court stated that the deadlines for opposition and reply papers are governed by its February 11, 2021, order.
Disposition and significance
This order did not grant or deny either motion to dismiss and did not decide the merits of Suarez’s claims. It is a case-management order directing Suarez to choose between amending his complaint and proceeding on the existing complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.