Iosilevich v. Walmart Inc.
- Vincent Briccetti
- 7:22-cv-04757
- U.S. District Court · Southern District of New York
- 10
In Iosilevich v. Walmart, Inc., Judge Briccetti ordered an amended complaint and denied Westchester County’s dismissal motion without prejudice pending that filing.
Ilya Feliksovich Iosilevich must file the amended complaint by December 19, 2022. Westchester County’s dismissal motion remains unresolved, and all defendants’ response deadlines are stayed.
What happened
In Iosilevich v. Walmart, Inc., Ilya Feliksovich Iosilevich, representing himself and without paying filing fees, brought a constitutional-rights case under a federal civil-rights law. The court had previously ordered assistance identifying unnamed defendants.
The New York Attorney General identified the two state troopers as Sean Mallinson and Courtney Ramos. Walmart’s counsel identified the two Walmart employees as Genna Fraulo and Beatriz Leon Sharma. The court ordered Iosilevich to file an amended complaint naming those defendants and including all facts and claims against them.
Judge Vincent L. Briccetti denied Westchester County’s motion to dismiss without prejudice while awaiting the amended complaint. The court also stayed all defendants’ response deadlines and stated that Iosilevich could not appeal this order without paying the required fees.
The detailed version
- Iosilevich v. Walmart Inc. · No. 7:22-cv-04757
- Vincent Briccetti
- Nov. 18, 2022
Background
Ilya Feliksovich Iosilevich, proceeding without a lawyer and without prepaying filing fees, began this action under 42 U.S.C. § 1983, a federal law allowing claims for constitutional violations by persons acting under state law. The opinion states that he sued Walmart, Inc., Westchester County, and other defendants.
The court had ordered the New York State Police to help identify two unnamed state-trooper defendants. The New York Attorney General later identified them as State Trooper Sean Mallinson and State Trooper Courtney Ramos. The court also ordered Walmart’s counsel to identify two unnamed Walmart employees. Walmart’s counsel identified them as Genna Fraulo and Beatriz Leon Sharma.
Westchester County filed a motion to dismiss the complaint. The opinion does not decide the merits of Iosilevich’s constitutional claims or resolve Westchester County’s arguments.
Order
The court ordered Iosilevich to file an amended complaint by December 19, 2022, using the attached form. The amended complaint had to name Mallinson, Ramos, Fraulo, and Sharma and include the factual allegations concerning all named defendants. It also had to address deficiencies identified in the fully briefed arguments supporting Westchester County’s motion to dismiss.
The court stated that the amended complaint would completely replace the existing complaint rather than supplement it. After the amended complaint was filed, the court would screen it and, if appropriate, direct the Clerk to issue summonses and provide documents to the U.S. Marshals Service for service.
Westchester County’s motion to dismiss was DENIED WITHOUT PREJUDICE, pending the filing of the amended complaint. The court stayed all defendants’ deadlines to respond to the complaint pending a further court order. It also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
Effect of the Order
This was a procedural case-management order. It required a revised pleading, postponed defendants’ response deadlines, and left Westchester County’s dismissal motion unresolved while the amended complaint was pending. Judge Vincent L. Briccetti did not determine whether Iosilevich’s underlying claims were valid.
Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.