Brown v. Regal Nails, Salon & Spa, LLC
- Jesse Furman
- 1:22-cv-05983
- U.S. District Court · Southern District of New York
- 1
In Brown v. Regal Nails, Judge Figueredo allowed an amended complaint and denied Regal’s pending dismissal motion as moot.
Lamar Brown, the proposed group of similarly situated persons identified in the caption, and Regal Nails, Salon & Spa, LLC; the order allowed Brown to amend and left Regal able to file a new dismissal motion.
What happened
In Brown v. Regal Nails, Lamar Brown sued Regal Nails, Salon & Spa, LLC, on behalf of himself and others similarly situated. The opinion does not state the claims’ details or the grounds for Regal’s pending motion to dismiss.
The court granted Brown’s request to file an amended complaint because no case-management plan had been entered and the rules generally allow amendments at that stage. Brown’s amended complaint was due by February 10, 2023, and Regal could file another dismissal motion afterward.
Judge Valerie Figueredo denied Regal’s pending motion to dismiss as moot and directed the clerk to terminate the motions concerning the dismissal motion and the request to amend.
The detailed version
- Brown v. Regal Nails, Salon & Spa, LLC · No. 1:22-cv-05983
- Jesse Furman
- Feb. 2, 2023
Background
Lamar Brown brought this action against Regal Nails, Salon & Spa, LLC, on behalf of himself and all others similarly situated. Regal had a pending motion to dismiss, and Brown requested permission to file an amended complaint. The opinion does not describe the underlying claims or the arguments supporting the dismissal motion.
Amendment of the Complaint
The court granted Brown’s request to submit an amended complaint. Because the case had no case-management plan, the court applied Rule 15 of the Federal Rules of Civil Procedure, which generally provides that permission to amend should be freely granted when fairness requires it. The amended complaint was due no later than February 10, 2023.
Ruling and Effect
Judge Valerie Figueredo denied Regal’s pending motion to dismiss as moot. Regal was permitted to submit another motion to dismiss after Brown filed the amended complaint. The clerk was directed to terminate the motions at ECF Nos. 14 and 20.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.