Ortiz v. Orange County, New York

Background

On July 7, 2023, the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and Kenneth Genalo moved to dismiss the complaint. The opinion does not state the claims asserted in the complaint or the grounds for dismissal. Orange County, Paul Areta, Carl Dubois, and Kenneth Jones had answered the complaint.

Order

The court ordered the plaintiffs to notify it by July 17, 2023, whether they intended to file an amended complaint in response to the federal defendants’ motion or instead rely on the existing complaint.

If the plaintiffs chose not to amend, the motion to dismiss would proceed under the ordinary briefing rules. The court stated that it was unlikely to give the plaintiffs another opportunity to amend to address deficiencies identified by the fully briefed motion.

If the plaintiffs chose to amend, they had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, each defendant could answer, move to dismiss the amended complaint, or notify the court that it would rely on its previously filed motion to dismiss or answer.

Disposition and Scope

This order sets deadlines and gives the plaintiffs a choice about amending their complaint. It does not grant or deny the federal defendants’ motion to dismiss and does not decide the underlying claims.