Mora v. New York State Unified Court System
- Vincent Briccetti
- 7:22-cv-10322
- U.S. District Court · Southern District of New York
- 1
In Mora v. New York State Unified Court System, Judge Briccetti ordered Frank Mora to choose whether to amend his complaint before defendants’ dismissal motions proceed.
Frank Mora and the defendants named in the case, including the New York State Unified Court System, the Office of Court Administration, and the individually named defendants. The order set deadlines and procedural choices for both sides but did not resolve the claims.
What happened
In Mora v. New York State Unified Court System, the defendants had moved to dismiss Frank Mora’s complaint on February 28, 2023. The court required Mora to tell the court by March 13 whether he would amend the complaint or rely on the existing one.
If Mora chose not to amend, the dismissal motions would proceed under the ordinary schedule, and the court said it was unlikely to give him another chance to amend based on problems identified in those motions. If he chose to amend, he had to file the amended complaint within 14 days after notifying the court.
Judge Vincent L. Briccetti did not decide the dismissal motions or the merits of Mora’s claims. He entered a case-management order setting deadlines and explaining the parties’ next procedural steps.
The detailed version
- Mora v. New York State Unified Court System · No. 7:22-cv-10322
- Vincent Briccetti
- Mar. 2, 2023
Background
On February 28, 2023, the defendants moved to dismiss Frank Mora’s complaint. The order does not decide whether those motions have merit.
Order
The court ordered Mora to notify the court by March 13, 2023, whether he intended to file an amended complaint in response to the motions or would rely on the complaint already being challenged.
If Mora chose to rely on the existing complaint, the motions to dismiss would proceed under the Federal Rules of Civil Procedure and the Southern District of New York’s local rules, unless the court ordered otherwise. The court stated that it was unlikely to grant Mora another opportunity to amend to address deficiencies made apparent by the fully briefed motions.
If Mora 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, the defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court by letter that they were relying on their original motions to dismiss.
Disposition and significance
This was a case-management order about the next steps in the litigation. Judge Briccetti did not grant or deny the defendants’ motions to dismiss and did not resolve the parties’ underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.