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S.D.N.Y.Procedural orderFiled Jan. 25, 2023

Smith v. Law Office of Richard St. Paul, Esq., PLLC

Judge
Vincent Briccetti
Docket
7:22-cv-05648
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Smith v. Law Office of Richard St. Paul, Esq., PLLC, Judge Briccetti ordered Smith to choose whether to amend his complaint before the dismissal motion proceeds.

Who this affects

Byron Smith and the Law Office of Richard St. Paul, Esq., PLLC

What happened

In Smith v. Law Office of Richard St. Paul, Esq., PLLC, the defendant moved to dismiss the complaint on January 23, 2023.

The court ordered Byron Smith to notify the court by February 2 whether he intended to file an amended complaint or rely on the existing complaint.

Judge Briccetti did not decide the dismissal motion. He set deadlines for an amended complaint and the defendant’s response, and warned that Smith might not receive another chance to amend if he relied on the existing complaint.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Smith v. Law Office of Richard St. Paul, Esq., PLLC · No. 7:22-cv-05648
Judge
Vincent Briccetti
Date
Jan. 25, 2023

Background

The Law Office of Richard St. Paul, Esq., PLLC moved to dismiss Byron Smith’s complaint on January 23, 2023.

Order

The court ordered Smith to notify the court by February 2, 2023, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already subject to the motion.

If Smith chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give Smith another opportunity to amend to address deficiencies identified in the fully briefed motion. If Smith chose to amend, he had to file the amended complaint within 14 days after notifying the court. The defendant then had 21 days after the amendment to answer, move to dismiss the amended complaint, or notify the court that it was relying on the original motion to dismiss.

Disposition

The court did not grant or deny the motion to dismiss. Judge Vincent L. Briccetti entered an order setting the parties’ next steps and deadlines.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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