Zachary v. BG Retail, LLC
- Vincent Briccetti
- 7:22-cv-10521
- U.S. District Court · Southern District of New York
- 1
In Zachary v. BG Retail, Judge Briccetti ordered Zachary to choose whether to amend her complaint before the dismissal motion proceeds.
Tova Zachary must decide whether to amend her complaint and meet the stated deadline; BG Retail, LLC may respond according to the options and deadlines in the order. The scheduled initial conference was canceled.
What happened
In Tova Zachary v. BG Retail, LLC, BG Retail moved to dismiss Zachary’s complaint on March 31, 2023. The order did not decide that motion or the merits of the case.
The court required Zachary to notify the court by April 10 whether she would file an amended complaint or rely on her existing complaint. If she amended, BG Retail could answer, move to dismiss the amended complaint, or rely on its original motion. If she did not amend, the original motion would proceed under the usual schedule.
Judge Vincent L. Briccetti also canceled the initial conference scheduled for June 13, 2023. The order set deadlines and procedures but did not rule on the motion to dismiss.
The detailed version
- Zachary v. BG Retail, LLC · No. 7:22-cv-10521
- Vincent Briccetti
- Apr. 4, 2023
Background
On March 31, 2023, BG Retail, LLC moved to dismiss Tova Zachary’s complaint. Zachary brought the case individually and on behalf of others similarly situated. The opinion does not describe the underlying claims or the arguments in the dismissal motion.
Court’s Order
The court ordered Zachary to notify it by April 10, 2023, whether she intended to file an amended complaint in response to the motion or would rely on the complaint already filed.
If Zachary chose not to amend, the motion to dismiss would proceed in the regular course. The court stated that it was unlikely to give her another opportunity to amend based on deficiencies made apparent by the fully briefed motion arguments.
If Zachary chose to amend, she had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, BG Retail could answer, file a motion to dismiss the amended complaint, or notify the court that it would rely on its original motion to dismiss.
The court also canceled the initial conference scheduled for June 13, 2023, at 12:30 p.m.
Disposition and Significance
Judge Vincent L. Briccetti did not grant or deny the motion to dismiss. The order addressed the next procedural steps and did not decide the sufficiency of Zachary’s claims or the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.