Stewart v. Eastchester Professional Firefighters Local 916

Background

The court’s order concerned two motions to dismiss filed on March 1, 2022. Eastchester Fire District and Eastchester Professional Firefighters Local 916 each moved under Federal Rule of Civil Procedure 12(b)(6), which allows a defendant to argue that a complaint does not adequately state a legal claim. The opinion does not describe the underlying claims or decide whether the complaint was legally sufficient.

What the Court Ordered

The court vacated its March 2, 2022 order. It ordered Kevin Stewart to notify the court by March 14, 2022, whether he intended to file an amended complaint in response to the motions or would rely on the complaint already being challenged.

If Stewart chose not to amend, the motions to dismiss would proceed under the Federal Rules of Civil Procedure and the court’s local rules. The court stated that it was unlikely to give Stewart another opportunity to amend later to address deficiencies made apparent by the fully briefed motions.

If Stewart chose to amend, he had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, each defendant could file an answer, move to dismiss the amended complaint, or notify the court that it would rely on its initially filed motion to dismiss.

Disposition and Significance

The court did not grant or deny either motion to dismiss. Instead, it vacated the prior order and established the plaintiff’s choices and the parties’ deadlines while the motions remained pending. Judge Vincent L. Briccetti signed the order on March 3, 2022, in White Plains, New York.