Donzo v. City of New York
- Lorna Schofield
- 1:21-cv-00629
- U.S. District Court · Southern District of New York
- 1
In Donzo v. City of New York, Judge Schofield ordered Plaintiff to file an amended complaint after he said he would withdraw claims.
Plaintiff Mohammed Donzo and the defendants, including the City of New York.
What happened
In Donzo v. City of New York, the defendants notified the court that they planned to ask for dismissal of the complaint. Donzo said he would withdraw several claims and asked to file a First Amended Complaint.
The court noted that the case’s discovery process had just begun, no motions to end the case were pending, and withdrawing claims Donzo acknowledged were improper would not harm the defendants. The court therefore ordered Donzo to file the amended complaint by May 18, 2021.
Judge Schofield’s order addressed only the request to amend the complaint. It did not decide whether any claim was legally valid or rule on the defendants’ proposed motion to dismiss.
The detailed version
- Donzo v. City of New York · No. 1:21-cv-00629
- Lorna Schofield
- May 12, 2021
Background
The defendants filed a letter concerning a proposed motion to dismiss the complaint. Plaintiff Mohammed Donzo stated that he would withdraw several claims and requested permission to file a First Amended Complaint.
Ruling
The court discussed Federal Rule of Civil Procedure 15, which generally provides that a court should allow a party to amend a pleading when justice requires. The court found that discovery had just begun, no motion seeking a case-ending ruling was pending, and withdrawing claims that Donzo acknowledged were improper would not prejudice the defendants.
The court ordered Donzo to file a First Amended Complaint by May 18, 2021.
Effect
This order concerned amendment of the complaint and did not decide the merits of Donzo’s claims or the defendants’ proposed motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.