English v. Danone North America Public Benefit Corporation
- Vincent Briccetti
- 7:22-cv-05105
- U.S. District Court · Southern District of New York
- 1
In English v. Danone North America Public Benefit Corporation, Judge Briccetti ordered English to choose whether to amend her complaint before the motion to dismiss proceeds.
Rosita English and Danone North America Public Benefit Corporation; the order also set deadlines governing the pending case.
What happened
English v. Danone North America Public Benefit Corporation involves Rosita English’s complaint against Danone North America Public Benefit Corporation, including claims brought on behalf of others similarly situated. Danone filed a motion asking the court to dismiss the complaint.
The court ordered English to notify it by November 3, 2022, whether she would file an amended complaint or rely on the existing complaint. If she amended, she had to do so within 14 days after giving notice, and Danone would then have 21 days to respond in one of three specified ways.
Judge Briccetti did not decide the motion to dismiss. He ordered the parties to follow the stated deadlines, and said the motion would proceed if English chose not to amend.
The detailed version
- English v. Danone North America Public Benefit Corporation · No. 7:22-cv-05105
- Vincent Briccetti
- Oct. 26, 2022
Background
Rosita English filed a complaint individually and on behalf of all others similarly situated against Danone North America Public Benefit Corporation. On October 24, 2022, Danone filed a motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint adequately states a legal claim.
Court’s Order
The court ordered English to notify the court by November 3, 2022, whether she intended to file an amended complaint in response to Danone’s motion or would rely on the existing complaint.
If English chose not to amend, the motion to dismiss would proceed under the regular schedule. The court also stated that it was unlikely to give English another opportunity to amend to address deficiencies identified by the fully briefed motion.
If English chose to amend, she had to file the amended complaint no later than 14 days after notifying the court of that choice. Within 21 days after the amendment, Danone could answer the amended complaint, file a motion to dismiss it, or notify the court that it would rely on its initial motion to dismiss.
Disposition and Significance
Judge Briccetti did not grant or deny Danone’s motion to dismiss and did not decide the merits of the complaint. The order established the procedure and deadlines for deciding whether the case would proceed on the existing complaint or an amended complaint.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.