Conde v. Mid Hudson Regional Hospital Medical Center

Background

The court had previously ordered Usha Conde to notify it by November 4, 2022, whether she intended to file an amended complaint in response to the defendants’ motion to dismiss or would rely on her existing complaint. On November 4, Conde asked for an extension until January 4, 2023. The opinion states that Conde was representing herself.

Order

The court stated that Conde did not need an additional two months merely to decide whether to amend her complaint in response to the fully briefed motion. Because of her self-represented status, however, the court extended the deadline by an additional 30 days. It ordered Conde to notify the court by December 5, 2022, whether she would file an amended complaint or rely on the complaint challenged by the motion to dismiss.

If Conde chose not to amend, the motion to dismiss would proceed under the ordinary schedule, and the court stated that it was unlikely to give her another opportunity to amend based on the deficiencies identified in the motion. If she chose to amend, she had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after that filing, the defendants could answer, file a motion to dismiss the amended complaint, or notify the court that they were relying on their original motion to dismiss.

Disposition and Effect

This order set deadlines and procedures concerning a possible amended complaint. It did not decide the defendants’ motion to dismiss or the merits of Conde’s claims. Chambers was directed to mail a copy of the order to Conde at the address listed on the docket. The docket number in the supplied opinion text is not fully legible.