Columbo v. Philips Bryant Park LLC

Background

Philip Columbo brought claims against Philips Bryant Park LLC, doing business as The Bryant Park Hotel LLC, and eleven other defendants. The claims included breach of contract, quasi-contract claims, and other claims related to Columbo’s former employment relationship with the Bryant Park Hotel.

Defendants filed a partial motion to dismiss. While that motion was pending, Columbo’s counsel submitted a proposed amended complaint, and Columbo filed a cross-motion for leave to amend. Columbo also filed cross-motions to disqualify counsel and to expedite discovery.

Court’s analysis

Under Federal Rule of Civil Procedure 15(a)(2), a party that cannot amend its pleading as a matter of course may amend only with the opposing party’s written consent or the court’s permission. The rule says courts should freely grant permission when justice requires it. The court explained that when a plaintiff seeks to amend while a motion to dismiss is pending, the court may grant leave to amend and deny the dismissal motion as moot, or consider the dismissal motion using the allegations in the amended pleading. The court identified granting leave to amend as the preferred approach.

Ruling

The court granted Columbo’s cross-motion for leave to amend the complaint. It denied the pending motion to dismiss as moot. The court stated that defendants may renew their motion to dismiss after Columbo files an amended complaint. The Clerk was directed to terminate the motions pending at docket numbers 15 and 49. The opinion does not decide the merits of Columbo’s claims or defendants’ dismissal arguments.