Wallen v. Consumer Reports, Inc.
- Vincent Briccetti
- 7:21-cv-08624
- U.S. District Court · Southern District of New York
- 1
In Wallen v. Consumer Reports, Judge Briccetti ordered James Wallen to choose whether to amend his complaint or proceed on the complaint challenged by Consumer Reports’ dismissal motion.
James Wallen and Consumer Reports, Inc.; the order also concerns the people Wallen sought to represent.
What happened
In Wallen v. Consumer Reports, Inc., Consumer Reports moved to dismiss James Wallen’s complaint on January 14, 2022. Wallen sued individually and on behalf of others similarly situated.
Judge Briccetti ordered Wallen to notify the court by January 24 whether he would file an amended complaint or rely on the existing complaint. If Wallen amended, he had to do so within 14 days after notifying the court, and Consumer Reports would then have 21 days to answer, move to dismiss the amended complaint, or rely on its original motion.
The order did not decide Consumer Reports’ motion to dismiss or the merits of Wallen’s claims. Judge Vincent L. Briccetti also warned that if Wallen did not amend, the court was unlikely to give him another opportunity to address deficiencies revealed by the fully briefed motion.
The detailed version
- Wallen v. Consumer Reports, Inc. · No. 7:21-cv-08624
- Vincent Briccetti
- Jan. 18, 2022
Background
James Wallen sued Consumer Reports, Inc., individually and on behalf of all others similarly situated. Consumer Reports moved to dismiss the complaint on January 14, 2022.
Order
The court ordered Wallen to notify it by January 24, 2022, whether he intended to file an amended complaint in response to the motion to dismiss or would rely on the complaint challenged by that motion.
If Wallen chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to grant Wallen another opportunity to amend to address deficiencies made apparent by the fully briefed motion. The deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the court’s local rules unless the court ordered otherwise.
If Wallen chose to amend, he had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, Consumer Reports could answer the amended complaint, move to dismiss it, or notify the court by letter that it was relying on its initial motion to dismiss.
Disposition and Significance
This was a case-management order addressing the next steps after a motion to dismiss. The court did not grant or deny the motion, determine whether the complaint stated a valid claim, or decide the underlying dispute. Judge Vincent L. Briccetti signed the order on January 18, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.