Grullon v. The Administration for Children's Services
- 1:18-cv-03129
- U.S. District Court · Southern District of New York
- 1
Grullon v. The Administration for Children’s Services: the court granted dismissal, allowed another amendment, and closed the case pending refiling.
The plaintiff, Grullon, may file a third amended complaint by May 14, 2021; the defendants obtained dismissal of the second amended complaint.
What happened
In Grullon v. The Administration for Children’s Services, et al., the defendants moved to dismiss the plaintiff’s second amended complaint for failure to state a claim. The judgment states that the plaintiff had already received several opportunities to amend the complaint.
The court granted the defendants’ motion to dismiss. It nevertheless allowed the plaintiff another opportunity to file a third amended complaint, setting a deadline of May 14, 2021.
The court closed the case, without prejudice to reopening if the plaintiff filed a third amended complaint by the deadline. The judgment was entered by the clerk on March 17, 2021; the opinion does not identify the judge by name.
The detailed version
- Grullon v. The Administration for Children's Services · No. 1:18-cv-03129
- Mar. 17, 2021
Background
The plaintiff brought the case against the Administration for Children’s Services and other defendants. The defendants moved to dismiss the plaintiff’s second amended complaint under the rule allowing dismissal for failure to state a claim. The judgment refers to an Opinion and Order dated March 16, 2021, but that Opinion and Order is not included in the provided text.
The judgment states that the plaintiff had already been given several opportunities to amend. It also cites the rule that a court should generally allow at least one amendment when a generous reading of a complaint suggests that a valid claim might be stated.
Ruling
The defendants’ motion to dismiss the second amended complaint for failure to state a claim was granted. The court gave the plaintiff another opportunity to amend by allowing a third amended complaint to be filed by May 14, 2021. The case was closed, without prejudice to reopening upon the plaintiff’s filing of a third amended complaint before that deadline.
The provided judgment is signed by the clerk, Ruby J. Krajick, and does not identify the judge who issued the underlying Opinion and Order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.