Stewart v. Eastchester Professional Firefighters Local 916

Background

On March 1, 2022, defendant The Eastchester Fire District filed a motion to dismiss Kevin Stewart’s complaint under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint adequately states a legal claim. The opinion does not describe the claims or the alleged deficiencies in the complaint.

Court’s action

The court ordered Stewart to notify it by March 14, 2022, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already subject to the motion. The court stated that, if Stewart chose not to amend, the motion would proceed under the regular briefing schedule and that the court was unlikely to grant another opportunity to amend to address deficiencies apparent from the fully briefed motion.

If Stewart chose to amend, the court required him to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, the Eastchester Fire District could file an answer, file a new motion to dismiss, or notify the court that it would rely on its initial motion. The court stated that the briefing deadlines would otherwise be governed by the Federal Rules of Civil Procedure and the Southern District of New York’s local rules.

Disposition and significance

The court did not grant or deny the motion to dismiss in this order. It issued a case-management order requiring Stewart to choose between amending his complaint and proceeding with the existing complaint. Judge Vincent L. Briccetti signed the order on March 2, 2022.