Hunter v. Town of Blooming Grove

Background

The defendants—Town of Blooming Grove, Town of Blooming Grove Police Department, and Police Officer Anthony Altero—filed a motion on April 5, 2022, asking the court to dismiss Michael Hunter’s complaint under Rule 12(b)(6). That rule permits a defendant to argue that a complaint does not state a legally sufficient claim.

Order

The court ordered Hunter to notify the court by letter no later than April 15, 2022, whether he would either file an amended complaint in response to the motion or rely on the complaint already being challenged. If Hunter chose not to amend, the motion would proceed under the Federal Rules of Civil Procedure and the court’s Local Civil Rules. The court also stated that it was unlikely to give Hunter another opportunity to amend to address deficiencies made apparent by the fully briefed arguments.

If Hunter chose to amend, he had to file the amended complaint no later than 14 days after notifying the court of that decision. Within 21 days after the amendment, the defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on their original motion.

Disposition

Judge Vincent L. Briccetti’s order set deadlines and procedures for responding to the pending motion. The opinion did not grant or deny the motion to dismiss and did not decide whether Hunter’s complaint stated a valid claim.