Brock v. The City of New York
- Analisa Torres
- 1:21-cv-11094
- U.S. District Court · Southern District of New York
- 2
In Brock v. The City of New York, Magistrate Judge Aaron denied Brock’s motion to amend without prejudice because he did not provide a proposed amended complaint.
Mandela Brock and Avo Shopping Company were affected: the court did not allow Brock to add Avo Shopping Company through the motion he submitted, but directed Brock how to submit a further amendment request.
What happened
In Brock v. The City of New York, Mandela Brock asked to amend his complaint again to add Avo Shopping Company as a defendant.
The court treated Brock’s January 20, 2022 letter as a request to amend under Federal Rule of Civil Procedure 15. The court explained that a request to amend must include the proposed amended pleading so the court can review the exact changes and requested relief. Brock had already filed one amended complaint.
The court denied Brock’s motion without prejudice and directed him to file a proposed Second Amended Complaint by January 28, 2022 if he wanted to seek permission to amend again. Magistrate Judge Stewart D. Aaron issued the order.
The detailed version
- Brock v. The City of New York · No. 1:21-cv-11094
- Analisa Torres
- Jan. 21, 2022
Background
Mandela Brock asked to amend his complaint for a second time by adding Avo Shopping Company to the case. The request appeared in a January 20, 2022 letter. The court construed that letter as a motion to amend under Rule 15 of the Federal Rules of Civil Procedure. The opinion also states that Brock had already filed one amended complaint.
Court’s reasoning
The court explained that the general rule requires a motion to amend to include a proposed amended pleading. That pleading allows the court to understand the specific changes requested and the relief sought against each defendant. Brock’s letter did not include a proposed amended complaint.
Ruling
The court denied without prejudice Brock’s motion to amend. The court directed that, if Brock wanted permission to file another amended pleading, he had to file a proposed Second Amended Complaint no later than January 28, 2022. Magistrate Judge Stewart D. Aaron signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.