Zachmann v. The Coleman Company Inc.
- Vincent Briccetti
- 7:20-cv-09146
- U.S. District Court · Southern District of New York
- 1
In Zachmann v. Coleman, Judge Briccetti gave plaintiff a choice to amend his complaint or proceed against defendant’s dismissal motion.
Michael Zachmann and The Coleman Company, Inc.; the order required Zachmann to choose whether to amend his complaint and set deadlines for the parties’ next filings.
What happened
In Zachmann v. The Coleman Company Inc., the defendant moved to dismiss Michael Zachmann’s complaint on March 23, 2021. Zachmann brought the case individually and on behalf of others similarly situated.
The court ordered Zachmann to tell the court by April 5 whether he would file an amended complaint or rely on the existing complaint. If he amended, he had to file it within 14 days after notifying the court, and the defendant then could answer, file a new dismissal motion, or rely on its original motion.
The order did not decide the dismissal motion. Judge Vincent L. Briccetti also warned that if Zachmann chose not to amend, the court was unlikely to allow another amendment later to address deficiencies raised in the fully briefed motion.
The detailed version
- Zachmann v. The Coleman Company Inc. · No. 7:20-cv-09146
- Vincent Briccetti
- Mar. 24, 2021
Background
The plaintiff, Michael Zachmann, sued The Coleman Company, Inc. individually and on behalf of all others similarly situated. On March 23, 2021, the defendant moved to dismiss the complaint.
Order
The court ordered the plaintiff to notify the court by April 5, 2021, whether he intended to file an amended complaint in response to the motion to dismiss or would rely on the existing complaint. If the plaintiff chose not to amend, the dismissal motion would proceed under the usual schedule, and the court stated that it was unlikely to grant a later opportunity to amend to address deficiencies made apparent by the defendant’s fully briefed arguments.
If the plaintiff chose to amend, he had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, the defendant could file an answer, move to dismiss the amended complaint, or notify the court that it was relying on its original motion. The order also stated that the deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the Local Civil Rules unless the court ordered otherwise.
Disposition
This order did not grant or deny the motion to dismiss. It set out the plaintiff’s amendment choice and the resulting filing schedule. Judge Vincent L. Briccetti signed the order on March 24, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.