Koonce v. Whole Foods Market Group, Inc.
- Vincent Briccetti
- 7:22-cv-10418
- U.S. District Court · Southern District of New York
- 1
In Koonce v. Whole Foods, Judge Briccetti ordered Koonce to choose whether to amend his complaint before the dismissal motion proceeds.
Michael Koonce and Whole Foods Market Group, Inc.; the order set deadlines and choices for both parties while Whole Foods’ motion to dismiss remained pending.
What happened
In Koonce v. Whole Foods Market Group, Inc., Whole Foods moved to dismiss Michael Koonce’s complaint on February 13, 2023. The court had not yet decided that motion.
Judge Briccetti ordered Koonce to notify the court by February 23 whether he would file an amended complaint or rely on his existing complaint. If he chose to amend, he had 14 days after notifying the court to do so.
Judge Briccetti stated that, after an amended complaint, Whole Foods could answer, move to dismiss the amended complaint, or rely on its original motion. The order did not grant or deny the motion to dismiss.
The detailed version
- Koonce v. Whole Foods Market Group, Inc. · No. 7:22-cv-10418
- Vincent Briccetti
- Feb. 14, 2023
Background
Whole Foods Market Group, Inc. moved to dismiss Michael Koonce’s complaint on February 13, 2023. The order addresses how the case should proceed while that motion is pending; it does not decide whether the complaint should be dismissed.
Order
The court ordered Koonce to notify the court by February 23, 2023, whether he intended to file an amended complaint in response to the motion or would rely on the complaint already filed.
If Koonce chose not to amend, the motion to dismiss would proceed under the regular schedule. The court also stated that it was unlikely to give Koonce another opportunity to amend based on deficiencies revealed by the fully briefed motion arguments.
If Koonce chose to amend, he had to file the amended complaint no later than 14 days after notifying the court of that decision. Within 21 days after the amendment, Whole Foods could answer the amended complaint, move to dismiss it, or notify the court that it would rely on its original motion to dismiss. The order stated that opposition and reply deadlines would be governed by the Federal Rules of Civil Procedure and the local civil rules unless the court ordered otherwise.
Disposition
Judge Vincent L. Briccetti issued a case-management order requiring Koonce to choose between amending his complaint and proceeding on the existing complaint. The order did not grant or deny Whole Foods’ motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.