Khan v. Bitter
- Vincent Briccetti
- 7:23-cv-01441
- U.S. District Court · Southern District of New York
- 1
In Khan v. Bitter, Judge Briccetti ordered Monzur Khan to tell the court whether he would amend his filing before defendants’ dismissal motion proceeds.
Monzur Khan and defendants Rena Bitter, Helen LaFave, and Antony Blinken; the order established Khan’s amendment-or-proceed choice and deadlines for the pending motion to dismiss.
What happened
In Khan v. Bitter, defendants moved on June 16, 2023, to dismiss Monzur Khan’s petition and complaint. The opinion does not describe the claims’ underlying facts or legal merits.
The court ordered Khan to notify the court by June 26 whether he intended to file an amended petition and complaint or rely on his existing filing. If he amended, he had to do so within 14 days after notifying the court.
Judge Briccetti stated that, if Khan did not amend, the dismissal motion would proceed under the usual schedule and the court was unlikely to allow another amendment opportunity. Defendants would then have 21 days after any amendment to answer, move to dismiss, or rely on their original motion.
The detailed version
- Khan v. Bitter · No. 7:23-cv-01441
- Vincent Briccetti
- June 20, 2023
Background
On June 16, 2023, defendants Rena Bitter, Helen LaFave, and Antony Blinken moved to dismiss Monzur Khan’s petition and complaint. The opinion does not describe the claims or address whether they have merit.
Court’s Order
The court ordered Khan to notify it by letter no later than June 26, 2023, whether he would either:
- file an amended petition and complaint in response to the motion to dismiss; or - rely on the petition and complaint already challenged by the motion.
If Khan chose not to amend, the motion to dismiss would proceed under the Federal Rules of Civil Procedure and the Local Civil Rules. The court also stated that it was unlikely to grant Khan another opportunity to amend to address deficiencies identified by the fully briefed motion.
If Khan chose to amend, he had to file the amended petition and complaint no later than 14 days after notifying the court. Within 21 days after that amendment, defendants could file an answer, move to dismiss the amended pleading, or notify the court that they were relying on their original motion to dismiss.
Disposition and Significance
This order set deadlines and procedures for responding to the pending motion. It did not grant or deny the motion to dismiss and did not decide the underlying claims. The order was signed by United States District Judge Vincent L. Briccetti on June 20, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.