MZA Events, Inc. v. Bergen
- Denise Cote
- 1:21-cv-04460
- U.S. District Court · Southern District of New York
- 1
In MZA Events v. Bergen, Judge Broderick ordered defendants to choose whether their pending dismissal motion should be treated as moot or evaluated against the amended complaint.
MZA Events, Inc., Erich Bergen, and 6W Entertainment, Inc.; the order specifically required the defendants to choose how to proceed with their pending motion to dismiss.
What happened
MZA Events, Inc. amended its complaint on July 6, 2021, while the defendants’ motion to dismiss was still pending. The amendment was filed under Federal Rule of Civil Procedure 15(a)(1)(B).
The court gave the defendants seven days to choose between two options: treating their current motion as moot, while allowing them to file a new motion, or asking the court to evaluate the current motion using the amended complaint.
Judge Vernon S. Broderick issued this procedural order on July 7, 2021. The order did not decide whether the defendants’ motion to dismiss should be granted or denied.
The detailed version
- MZA Events, Inc. v. Bergen · No. 1:21-cv-04460
- Denise Cote
- July 7, 2021
Background
MZA Events, Inc. filed an amended complaint on July 6, 2021, under Federal Rule of Civil Procedure 15(a)(1)(B). At that time, defendants Erich Bergen and 6W Entertainment, Inc. had a motion to dismiss that remained pending.
The court explained that, when a plaintiff properly amends a complaint while a motion to dismiss is pending, the court may either deny the pending motion as moot or evaluate it under the allegations in the amended complaint.
Order
The court ordered the defendants to file a letter within seven days stating which option they wanted. They could ask that the pending motion to dismiss be deemed moot, without prejudice to filing a new motion under Rule 15(a)(3), or they could ask the court to evaluate the existing motion in light of the amended complaint.
Disposition and Effect
The court entered a procedural order requiring the defendants to choose how to proceed. It did not grant or deny the motion to dismiss and did not decide the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.