Estremera v. City of Beacon

Background

The defendants—City of Beacon, Jason Walden, Ryan Sambells, and Robert Sellick—filed a motion to dismiss Bridget Estremera’s complaint under Federal Rules of Civil Procedure 12(b)(5) and 12(b)(6). The opinion does not decide whether the motion should be granted or denied.

Order

The court ordered Estremera to notify the court by May 19, 2023, whether she intended to file an amended complaint in response to the motion or would rely on the complaint already filed.

If Estremera chose not to amend, the motion to dismiss would proceed under the regular schedule. The court stated that it was unlikely to give her another opportunity to amend to address deficiencies identified in the fully briefed motion.

If Estremera chose to amend, she was required 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 answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on the original motion. The deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the court’s local rules unless the court ordered otherwise.

Disposition

The order set procedures for responding to the pending motion and did not grant or deny that motion. Judge Vincent L. Briccetti signed the order on May 10, 2023.