Kambouris v. Westchester County Health Care Corporation
- Vincent Briccetti
- 7:20-cv-09341
- U.S. District Court · Southern District of New York
- 1
In Kambouris v. Westchester County Health Care Corporation, Judge Briccetti ordered plaintiff to choose whether to amend her complaint.
Anna Kambouris and defendants Westchester County Health Care Corporation, Westchester Medical Center, and Barbara Esposito; the order sets their next filing deadlines and options.
What happened
In Kambouris v. Westchester County Health Care Corporation, the defendants asked the court to dismiss Anna Kambouris’s complaint.
The court ordered Kambouris to tell the court by April 2, 2021, whether she would file an amended complaint or rely on her existing complaint. If she amended it, the defendants would have 21 days to respond by answering, filing a new dismissal motion, or relying on their original motion.
Judge Vincent L. Briccetti did not decide the dismissal motion in this order. He stated that the motion would proceed under the usual schedule if Kambouris did not amend her complaint and warned that another opportunity to amend might not be granted.
The detailed version
- Kambouris v. Westchester County Health Care Corporation · No. 7:20-cv-09341
- Vincent Briccetti
- Mar. 25, 2021
Background
Defendants Westchester County Health Care Corporation, Westchester Medical Center, and Barbara Esposito moved to dismiss Anna Kambouris’s complaint on March 23, 2021. The order does not describe the claims or decide whether the complaint should be dismissed.
Order
The court required Kambouris to notify the court by April 2, 2021, whether she intended to file an amended complaint in response to the dismissal motion or would rely on the complaint already challenged by that motion.
If Kambouris chose not to amend, the dismissal motion would proceed under the regular schedule. The court stated that it was unlikely to give her another opportunity to amend to address deficiencies identified by the fully briefed motion.
If Kambouris chose to amend, she had to file the amended complaint within 14 days after notifying the court of that choice. Within 21 days after the amendment, the defendants could answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on their original dismissal motion.
Disposition
Judge Vincent L. Briccetti’s order set deadlines and choices concerning a possible amended complaint. It did not grant or deny the defendants’ motion to dismiss and did not resolve the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.