Coleman v. New York City Department of Health and Mental Hygiene

Background

The defendants filed a motion to dismiss the complaint and amended complaint under Rule 12(b) on March 12, 2021. The opinion does not identify the claims or explain the grounds for dismissal.

Order

The court ordered that Mark F. Coleman could file an amended complaint by April 12, 2021. The court stated that an amended complaint would completely replace the original complaint. It instructed Coleman to include all information he believed necessary to make a short and plain statement explaining why he was entitled to relief against the defendants.

The court also warned that declining to amend in response to arguments fully presented in the defendants’ motion might waive the opportunity to use the amendment process to cure defects identified in that briefing.

If Coleman amended, the defendants could file an answer, file a new motion to dismiss, or submit a letter stating that they intended to rely on the original motion. If he did not amend, he was required to serve his opposition to the motion by April 12, 2021. Any reply from the defendants was due April 26, 2021. Either party could request an extension by showing diligence and a good reason for the extension.

Disposition and effect

Judge Alison J. Nathan did not grant or deny the motion to dismiss. The order established the next pleading and briefing deadlines and directed the Clerk of Court to mail a copy to Coleman.