Penz v. Fields
- Vincent Briccetti
- 7:21-cv-00005
- U.S. District Court · Southern District of New York
- 1
In Penz v. Fields, Judge Briccetti ordered Penz to say whether she will amend her complaint or rely on it against Fields.
Waliesca Penz must choose whether to amend her complaint and meet the stated deadlines; Superintendent Leroy Fields may respond to any amended complaint as specified by the court.
What happened
In Penz v. Fields, Superintendent Leroy Fields moved to dismiss Waliesca Penz’s complaint on March 5, 2021.
The court ordered Penz to notify the court by March 15 whether she intended to file an amended complaint or rely on her existing complaint. The court did not decide the motion to dismiss.
Judge Vincent L. Briccetti explained the deadlines that would apply if Penz amended her complaint and stated that the motion would otherwise proceed under the usual rules.
The detailed version
- Penz v. Fields · No. 7:21-cv-00005
- Vincent Briccetti
- Mar. 12, 2021
Background
Superintendent Leroy Fields moved to dismiss Waliesca Penz’s complaint on March 5, 2021. The opinion does not describe the complaint’s claims or the arguments in the motion.
Order
The court ordered Penz to notify the court by letter no later than March 15, 2021, whether she would file an amended complaint in response to the motion or rely on the complaint already filed.
If Penz chose not to amend, the motion to dismiss would proceed under the regular schedule, and the court stated that it was unlikely to give her another opportunity to amend to address deficiencies made apparent by the fully briefed motion. If she chose to amend, she had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, Fields could answer, move to dismiss the amended complaint, or notify the court that he was relying on the original motion to dismiss.
Disposition
Judge Vincent L. Briccetti did not grant or deny the motion to dismiss in this order. The order instead set deadlines and procedures for Penz’s possible amended complaint and for Fields’s response.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.