DeJesus v. Bon Secours Community Hospital

Background

On March 23, 2023, Bon Secours Community Hospital and Lyn Wessels filed a motion to dismiss Samantha DeJesus’s complaint under Federal Rule of Civil Procedure 12(b)(6). This rule permits a defendant to ask the court to dismiss a complaint for failure to state a legally sufficient claim. The opinion does not decide whether the complaint satisfies that rule.

Order

The court ordered DeJesus to notify the court by April 3, 2023, whether she will either:

1. file an amended complaint in response to the motion; or 2. rely on the complaint that is currently being challenged.

If DeJesus chooses not to amend, the motion to dismiss will proceed under the regular schedule. The court stated that it is unlikely to give her another opportunity to amend later to address deficiencies made apparent by the fully briefed motion, citing circumstances that can justify denying leave to amend, including undue delay, bad faith, dilatory motive, or futility.

If DeJesus chooses to amend, she must file the amended complaint no later than 14 days after notifying the court of that decision. Within 21 days after the amendment, the defendants may file an answer, file a motion to dismiss the amended complaint, or notify the court that they rely on their original motion to dismiss. The deadlines for opposition and reply papers are governed by the federal and local civil rules unless the court orders otherwise.

Disposition

Judge Vincent L. Briccetti’s order directs DeJesus to choose how to proceed and sets deadlines for any amended complaint and the defendants’ response. The order does not grant or deny the pending motion to dismiss.