Toro v. SDDC Goods, LLC
- Vernon Broderick
- 1:22-cv-06629
- U.S. District Court · Southern District of New York
- 1
In Toro v. SDDC Goods, Judge Broderick ordered SDDC Goods to choose whether its pending dismissal motion should be treated as moot or evaluated.
Andrew Toro, the people he seeks to represent, and SDDC Goods, LLC. The order required SDDC Goods, LLC to state how it wanted the pending motion to dismiss handled.
What happened
In Toro v. SDDC Goods, LLC, Andrew Toro brought a case on behalf of himself and others similarly situated against SDDC Goods, LLC. The opinion concerns a pending motion to dismiss.
Toro filed an amended complaint on November 25, 2022, while the motion to dismiss was still pending. The court explained that it could either treat the pending motion as moot or evaluate it under the amended complaint.
Judge Vernon S. Broderick ordered SDDC Goods, LLC to file a letter within seven days stating whether it wanted the pending motion treated as moot, without prejudice to filing a new motion, or evaluated under the amended complaint. The order did not decide the motion to dismiss.
The detailed version
- Toro v. SDDC Goods, LLC · No. 1:22-cv-06629
- Vernon Broderick
- Nov. 28, 2022
Background
Andrew Toro filed this case on behalf of himself and all others similarly situated against SDDC Goods, LLC. SDDC Goods had filed a motion to dismiss that remained pending.
Amended Complaint
On November 25, 2022, Toro filed an amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). The court cited the rule that, when a plaintiff properly amends a complaint while a motion to dismiss is pending, the court may either deny the pending motion as moot or evaluate the motion using the allegations in the amended complaint.
Court’s Order
Judge Vernon S. Broderick ordered SDDC Goods, LLC to file a letter within seven days stating which course it preferred: treating the current motion to dismiss as moot, without prejudice to filing a new motion under Rule 15(a)(3), or having the court evaluate the current motion using the amended complaint. The order did not rule on the merits of the motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.