Blackbird Tech LLC v. Argento SC By Sicura, Inc.
- Denise Cote
- 1:21-cv-11018
- U.S. District Court · Southern District of New York
- 1
Blackbird Tech v. Argento, Judge Broderick ordered the defendant to choose how to proceed after the plaintiff amended its complaint.
Blackbird Tech LLC and Argento SC By Sicura Inc.; the order required Argento to choose how to respond to the First Amended Complaint by May 9, 2022.
What happened
Blackbird Tech LLC sued Argento SC By Sicura Inc. The defendant had filed a motion to dismiss part of the original complaint, and Blackbird Tech later filed a First Amended Complaint.
Because an amended complaint replaced the earlier complaint while the motion was pending, the court explained that it could either treat the motion as no longer applicable or consider it against the amended complaint.
Judge Vernon S. Broderick ordered Argento to file, by May 9, 2022, either a letter asking the court to consider its pending motion against the amended complaint or an answer or new motion responding specifically to that complaint. The order did not decide the motion to dismiss.
The detailed version
- Blackbird Tech LLC v. Argento SC By Sicura, Inc. · No. 1:21-cv-11018
- Denise Cote
- Apr. 25, 2022
Background
Argento filed a motion to dismiss part of Blackbird Tech’s original complaint on April 1, 2022. Blackbird Tech filed a First Amended Complaint on April 11, 2022, while the motion remained pending.
Court’s Analysis
The court explained that when a plaintiff amends the operative complaint after a defendant files a still-pending motion to dismiss, the court may either deny the pending motion as moot or evaluate it in light of the amended complaint. The order did not select either option or address the merits of Argento’s arguments.
Ruling
Judge Vernon S. Broderick ordered Argento to file by May 9, 2022, either (1) a letter stating that it wanted the court to consider its pending motion to dismiss as a motion directed at the First Amended Complaint, or (2) an answer or motion to dismiss specifically responding to the First Amended Complaint. The court did not grant or deny the pending motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.