Dolan v. United Services Automobile Association
- Vincent Briccetti
- 7:21-cv-05813
- U.S. District Court · Southern District of New York
- 1
In Dolan v. United Services Automobile Association, Judge Briccetti ordered plaintiffs to choose whether to amend their complaint before the dismissal motion proceeds.
The plaintiffs, Vincent Dolan and Christine Mapes, had to choose whether to amend their consolidated complaint; United Services Automobile Association’s options depended on that choice.
What happened
In Dolan v. United Services Automobile Association, the defendant had moved to dismiss the plaintiffs’ consolidated complaint.
The court ordered the plaintiffs to tell the court by January 17, 2022, whether they would file an amended complaint or rely on their existing complaint. If they amended, the defendant could answer, file a new dismissal motion, or rely on its original motion.
Judge Vincent L. Briccetti did not decide the dismissal motion. He warned that if the plaintiffs relied on their existing complaint, the court was unlikely to allow another amendment later to address deficiencies identified in the fully argued motion.
The detailed version
- Dolan v. United Services Automobile Association · No. 7:21-cv-05813
- Vincent Briccetti
- Jan. 10, 2022
Background
Vincent Dolan and Christine Mapes brought the action individually and on behalf of others described as similarly situated. United Services Automobile Association moved on January 7, 2022, to dismiss the consolidated complaint.
Order
The court ordered the plaintiffs to notify it by January 17, 2022, whether they intended to file an amended consolidated complaint in response to the dismissal motion or would rely on the complaint challenged by that motion.
If the plaintiffs chose not to amend, the dismissal motion would proceed under the regular schedule. The court stated that it was unlikely to grant the plaintiffs another opportunity to amend later to address deficiencies made apparent by the fully briefed arguments in the motion. The court also stated that the deadlines for opposing and reply papers would be governed by the Federal Rules of Civil Procedure and the Southern District of New York’s Local Civil Rules unless the court ordered otherwise.
If the plaintiffs chose to amend, they had to file the amended consolidated complaint within 14 days after notifying the court. Within 21 days after the amendment, United Services Automobile Association could file an answer, move to dismiss the amended complaint, or notify the court that it would rely on its original dismissal motion.
Disposition
This order did not grant or deny the motion to dismiss. It required the plaintiffs to select whether to amend before the motion proceeded. Judge Vincent L. Briccetti issued the order on January 10, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.