Paguada v. Home Training Tools, LTD.
- Vernon Broderick
- 1:22-cv-00919
- U.S. District Court · Southern District of New York
- 1
In Paguada v. Home Training Tools, Judge Broderick ordered the defendant to choose how to respond to the amended complaint.
The defendant was required to choose how to respond to the plaintiff’s amended complaint; the order did not decide the merits of the defendant’s motion to dismiss.
What happened
In Paguada v. Home Training Tools, the defendant had asked the court to dismiss the original complaint, but the plaintiff filed an amended complaint while that request was still pending.
The court gave the defendant until May 13, 2022, to either ask the court to consider the existing dismissal request against the amended complaint or file an answer or a new dismissal request directed specifically at the amended complaint.
Judge Broderick did not decide the pending dismissal request in this order; he directed the defendant to identify how it wanted to proceed.
The detailed version
- Paguada v. Home Training Tools, LTD. · No. 1:22-cv-00919
- Vernon Broderick
- Apr. 22, 2022
Background
The defendant filed a motion to dismiss the original complaint on April 1, 2022. On April 21, 2022, the plaintiff filed an amended complaint.
Court’s Order
Because the plaintiff amended the operative complaint while the dismissal motion was still pending, the court stated that it could either deny the pending motion as moot or evaluate it using the allegations in the amended complaint. The court ordered the defendant, by May 13, 2022, to do one of two things: file a letter stating that it wanted the court to consider the pending motion to dismiss as directed at the amended complaint, or file an answer or a motion to dismiss specifically responding to the amended complaint.
Disposition
Judge Vernon S. Broderick did not grant or deny the motion to dismiss in this order. The order required the defendant to state how it would respond to the amended complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.