Joyner v. Appaman Inc.
- Vernon Broderick
- 1:22-cv-02226
- U.S. District Court · Southern District of New York
- 1
In Joyner v. Appaman, Judge Broderick ordered Appaman to say whether its pending dismissal motion should be treated as moot or evaluated.
Appaman Inc. must file a letter within seven days choosing how the court should handle its pending motion to dismiss; the order also determines how Sharon Joyner’s amended complaint will be considered in relation to that motion.
What happened
In Joyner v. Appaman Inc., Sharon Joyner filed an amended complaint on July 11, 2022, while Appaman Inc.’s motion to dismiss was still pending.
The court gave Appaman Inc. two options: ask that its current motion be treated as no longer requiring a decision, while preserving the ability to file a new motion, or ask the court to evaluate the current motion using the amended complaint.
Judge Vernon S. Broderick ordered Appaman Inc. to file a letter stating its choice within seven days. The order did not decide the motion to dismiss or the claims’ merits.
The detailed version
- Joyner v. Appaman Inc. · No. 1:22-cv-02226
- Vernon Broderick
- July 12, 2022
Background
On July 11, 2022, Plaintiff Sharon Joyner filed an amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). Defendant Appaman Inc. had a motion to dismiss that was still pending.
Issue and Options
The court explained that when a plaintiff properly amends a complaint while a motion to dismiss is pending, the court may either treat the pending motion as moot or evaluate the motion based on the allegations in the amended complaint.
Order
The court ordered Appaman Inc. to file a letter within seven days stating whether its motion to dismiss should be treated as moot, without prejudice to filing a new motion under Rule 15(a)(3), or whether the court should evaluate the existing motion using the amended complaint. The order did not rule on the motion to dismiss, the amended complaint, or the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.