Rand v. The Travelers Indemnity Company
- Vincent Briccetti
- 7:21-cv-10744
- U.S. District Court · Southern District of New York
- 1
In Rand v. Travelers, Judge Briccetti ordered Jennifer Rand to say whether she will amend her complaint before The Travelers Indemnity Company's dismissal motion proceeds.
Jennifer Rand and The Travelers Indemnity Company; the order also concerns the people Rand seeks to represent.
What happened
In Rand v. The Travelers Indemnity Company, the defendant moved to dismiss the complaint on February 7, 2022. The court did not decide that motion in this order.
The court ordered Jennifer Rand to notify it by February 17 whether she would file an amended complaint or rely on the existing complaint. If she chose to amend, she had to file the amended complaint within 14 days after notifying the court.
Judge Vincent Briccetti also set deadlines for the defendant's response to any amended complaint. If Rand did not amend, the dismissal motion would proceed under the regular schedule, and the court said it was unlikely to allow another amendment opportunity to address issues raised in the motion.
The detailed version
- Rand v. The Travelers Indemnity Company · No. 7:21-cv-10744
- Vincent Briccetti
- Feb. 8, 2022
Background
Jennifer Rand sued The Travelers Indemnity Company individually and on behalf of others similarly situated. On February 7, 2022, Travelers moved to dismiss the complaint.
Court’s Order
The court ordered Rand to notify the court by February 17, 2022, whether she intended to file an amended complaint in response to the dismissal motion or would rely on the complaint already filed.
If Rand chose not to amend, the motion to dismiss would proceed under the Federal Rules of Civil Procedure and the Local Civil Rules. The court stated that it was unlikely to grant Rand another opportunity to amend to address deficiencies made apparent by the fully briefed motion.
If Rand chose to amend, she had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after the amendment, Travelers could answer, move to dismiss the amended complaint, or notify the court that it would rely on its original motion to dismiss.
Disposition
The order set amendment and response procedures; it did not grant or deny the pending motion to dismiss and did not decide the merits of the complaint. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.