Ebalu v. New York City Police Department

Background

On February 16, 2022, the defendants filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. The opinion does not describe the claims or the arguments in that motion.

Amendment deadline

Rule 15(a)(1)(B) ordinarily gives a plaintiff 21 days after service of a Rule 12(b) motion to amend the complaint once as a matter of course. Because Ebalu was proceeding without a lawyer, the court gave him additional time. The court ordered that any amended complaint had to be filed by March 18, 2022.

The court explained that an amended complaint would completely replace the original complaint. It directed Ebalu to include all information he believed necessary to provide a short, plain explanation of why he was entitled to relief against each defendant. The court also warned that failing to amend by the deadline in response to defects identified in the defendants’ briefing could result in losing the opportunity to amend to address those defects.

Further briefing and possible next steps

If Ebalu filed an amended complaint, the defendants could file an answer, file a new motion to dismiss, or send a letter stating that they intended to rely on their original motion. If he did not file an amended complaint, he had to serve his opposition to the motion to dismiss by March 18, 2022. Any reply by the defendants was due April 1, 2022.

Either party could request an extension of the briefing schedule by showing diligence and a good reason. The Clerk’s Office was directed to mail a copy of the order to Ebalu and record the mailing on the docket.

Disposition

The court entered a scheduling and amendment order. It did not grant or deny the defendants’ motion to dismiss and did not decide the merits of Ebalu’s claims.