Rawlison v. Inspire Holdings, LLC
- Vincent Briccetti
- 7:23-cv-00608
- U.S. District Court · Southern District of New York
- 1
In Rawlison v. Inspire Holdings, Judge Briccetti ordered plaintiffs to choose whether to amend their complaint before the dismissal motion proceeds.
Sylvia Rawlison and David Williams, the plaintiffs, and Inspire Holdings, LLC, the defendant; the order also concerns others whom the plaintiffs seek to represent.
What happened
Rawlison v. Inspire Holdings, LLC concerns a motion by Inspire Holdings, LLC to dismiss Sylvia Rawlison and David Williams’s complaint, filed individually and for others similarly situated.
The court ordered the plaintiffs to tell the court by June 22, 2023, whether they would file an amended complaint or rely on their existing complaint. The court did not decide the dismissal motion.
Judge Briccetti stated that, if the plaintiffs amended, they had to do so within 14 days after notifying the court. Inspire Holdings then would have 21 days to answer, file a new dismissal motion, or rely on its original motion.
The detailed version
- Rawlison v. Inspire Holdings, LLC · No. 7:23-cv-00608
- Vincent Briccetti
- June 13, 2023
Background
Sylvia Rawlison and David Williams sued Inspire Holdings, LLC individually and on behalf of others similarly situated. On June 12, 2023, Inspire Holdings moved to dismiss the complaint.
What the Court Ordered
The court ordered the plaintiffs to notify it by June 22, 2023, whether they intended to file an amended complaint in response to the motion or would rely on the complaint already challenged by the motion.
If the plaintiffs chose not to amend, the dismissal motion would proceed under the regular schedule. The court also stated that it was unlikely to give the plaintiffs another opportunity to amend to address deficiencies made apparent by the fully briefed arguments in the motion.
If the plaintiffs chose to amend, they had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after the amendment, Inspire Holdings could answer, file a motion to dismiss the amended complaint, or notify the court that it would rely on its original motion.
Disposition
The order set deadlines and options concerning a possible amended complaint. It did not grant or deny Inspire Holdings’s motion to dismiss and did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.