Mid-New York Environmental and Sustainability Promotion Committee v. Dragon…

Background

The defendant moved to dismiss the complaint on April 15, 2022. The order does not decide whether the complaint should be dismissed.

Order

The court required the plaintiffs to notify the court by April 25, 2022, whether they intended to file an amended complaint in response to the motion or would rely on the complaint already filed. If the plaintiffs chose not to amend, the motion to dismiss would proceed under the ordinary schedule. The court stated that it was unlikely to give the plaintiffs another opportunity to amend to address deficiencies raised by the fully briefed motion.

If the plaintiffs chose to amend, they had to file the amended complaint within 14 days after notifying the court of that choice. Within 21 days after the amendment, the defendant could answer the amended complaint, file a motion to dismiss it, or notify the court that it would rely on the original motion to dismiss. The order states that briefing deadlines would otherwise be governed by the Federal Rules of Civil Procedure and the local civil rules.

Disposition

Judge Vincent L. Briccetti entered a case-management order requiring the plaintiffs to choose between amending the complaint and proceeding on the existing complaint. The order did not grant or deny the pending motion to dismiss and did not resolve the claims’ merits.