Balder v. Sarandon
- Sarah Netburn
- 1:22-cv-06401
- U.S. District Court · Southern District of New York
- 1
In Balder v. Sarandon, Judge Netburn granted Arthur Balder permission to file a third amended complaint by January 26, 2023.
Arthur Balder and the defendants, including Susan Sarandon, are affected by the amendment and response deadlines.
What happened
In Balder v. Sarandon, Arthur Balder asked the court for permission to file a third amended complaint. The opinion does not describe the underlying claims.
The court granted permission to amend, but required the new complaint to be filed by January 26, 2023. The court said it would not extend that deadline and would not allow a fourth amendment without extraordinary circumstances.
Judge Sarah Netburn also set deadlines for the defendants to say whether they would continue with their existing motion to dismiss or file a new response. The court reminded Balder that the amended complaint must include enough facts to state a plausible claim.
The detailed version
- Balder v. Sarandon · No. 1:22-cv-06401
- Sarah Netburn
- Dec. 29, 2022
Background
On December 26, 2022, Arthur Balder requested permission to file a Third Amended Complaint. The opinion does not describe the claims or the parties' underlying dispute.
Ruling and deadlines
The court granted Balder leave, meaning permission, to file a Third Amended Complaint. It required him to file it no later than January 26, 2023. The court stated that it would not grant an extension of that deadline and that leave to amend for a fourth time would not be granted absent extraordinary circumstances.
By February 2, 2023, the defendants had to tell the court whether they wished to proceed with their motion to dismiss at ECF No. 50 or file a new response to the Third Amended Complaint. Any new response had to be filed by February 16, 2023.
Instructions to the plaintiff
The court reminded Balder that the Third Amended Complaint must allege sufficient facts to state a plausible claim for relief. It explained that the complaint should state the facts supporting the claims, but that Balder did not need to provide supporting evidence at that stage. The court also directed him to its August 19, 2022 order for additional instructions.
Judge Sarah Netburn therefore granted permission to file the Third Amended Complaint and set related filing deadlines. The order did not decide the merits of the claims or the pending motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.