Conde v. Mid Hudson Regional Hospital Medical Center
- Vincent Briccetti
- 7:22-cv-03085
- U.S. District Court · Southern District of New York
- 1
In Conde v. Mid Hudson Regional Hospital Medical Center, Judge Briccetti ordered Conde to choose whether to amend her complaint before the dismissal motion proceeds.
Usha Conde, Mid Hudson Regional Hospital Medical Center, and Jordy Rabinowitz.
What happened
In Conde v. Mid Hudson Regional Hospital Medical Center, defendants Mid Hudson Regional Hospital Medical Center and Jordy Rabinowitz asked the court to dismiss Usha Conde’s complaint under a federal rule for insufficiently stated claims.
The court ordered Conde to tell the court by November 4, 2022, whether she would file an amended complaint or rely on her existing complaint. If she amended, she had 14 days after notifying the court to file it, and defendants then had 21 days to answer, move to dismiss the amended complaint, or rely on their original motion.
Judge Briccetti did not decide the dismissal motion or the merits of Conde’s claims. He issued the scheduling and amendment order, warning that another opportunity to amend might not be granted if Conde chose to proceed with her existing complaint.
The detailed version
- Conde v. Mid Hudson Regional Hospital Medical Center · No. 7:22-cv-03085
- Vincent Briccetti
- Oct. 26, 2022
Background
On October 25, 2022, Mid Hudson Regional Hospital Medical Center and Jordy Rabinowitz filed a motion to dismiss Usha Conde’s complaint under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint adequately states a legal claim.
Order
The court ordered Conde to notify the court by letter no later than November 4, 2022, whether she intended to file an amended complaint in response to the motion or would rely on the complaint already filed.
If Conde chose not to amend, the motion to dismiss would proceed under the ordinary schedule. The court stated that it was unlikely to give Conde another opportunity to amend to address deficiencies identified by the fully briefed motion.
If Conde chose to amend, she had to file the amended complaint within 14 days after notifying the court of that decision. Within 21 days after the amendment, defendants could answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on the original motion to dismiss. The court stated that the deadlines for opposition and reply papers would be governed by the federal and local civil rules unless the court ordered otherwise.
Disposition
Judge Vincent L. Briccetti did not grant or deny the motion to dismiss. The order addressed whether and when Conde could amend her complaint and set the next procedural steps.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.