Genao v. Rivera
- George Daniels
- 1:20-cv-10563
- U.S. District Court · Southern District of New York
- 1
Genao v. Rivera: Judge Figueredo granted Genao leave to amend his complaint by March 17, 2023.
Gabino Genao may submit an amended complaint by March 17, 2023; the order also states that the deadline will not be extended.
What happened
In Genao v. Rivera, the court granted Gabino Genao's request to file an amended complaint. The opinion does not describe the underlying claims.
The court said Federal Rule of Civil Procedure 15 applied because no case-management plan had been entered. That rule generally allows amendments when fairness requires it.
Magistrate Judge Valerie Figueredo set March 17, 2023, as the deadline and said the court would not allow extensions. This order addressed the case's procedure, not the merits of the claims.
The detailed version
- Genao v. Rivera · No. 1:20-cv-10563
- George Daniels
- Feb. 1, 2023
Background
Gabino Genao asked to file an amended complaint. The request was discussed at a telephonic status conference on February 1, 2023. The opinion does not provide details about Genao's underlying claims or the defendants' positions.
Court's Reasoning
The court held that Federal Rule of Civil Procedure 15 governed the request because no case-management plan had been entered in the action. Rule 15 provides that courts should freely grant leave to amend when fairness requires it. The court also cited authority explaining that the more liberal amendment standard ends when a district court issues a scheduling order setting a deadline after which amendments are not allowed.
Ruling
The court granted Genao's request to submit an amended complaint. It ordered that the amended complaint be filed no later than Friday, March 17, 2023, and stated that it would not permit extensions of that deadline. The order did not decide the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.