Beyer LLC v. Baldessari
- Laura Swain
- 1:23-cv-03819
- U.S. District Court · Southern District of New York
- 2
In Beyer LLC v. Baldessari, Judge Broderick ordered defendants to choose whether their dismissal motion should be treated as moot or evaluated.
The defendants must tell the court how they want their pending motion to dismiss handled; the plaintiff’s amended complaint remains the pleading considered under the court’s possible approaches.
What happened
In Beyer LLC v. Baldessari, Beyer LLC filed an amended complaint on July 17, 2023, while the defendants’ motion to dismiss was still pending.
The court gave the defendants seven days to state whether the pending motion should be treated as moot, allowing them to file a new motion under the federal civil procedure rules, or whether the court should evaluate the current motion using the amended complaint.
Judge Vernon S. Broderick issued this order on July 18, 2023. The order did not decide the motion to dismiss.
The detailed version
- Beyer LLC v. Baldessari · No. 1:23-cv-03819
- Laura Swain
- July 18, 2023
Background
Beyer LLC filed an amended complaint on July 17, 2023, under Federal Rule of Civil Procedure 15(a)(1)(B). The defendants had already filed a motion to dismiss, and that motion was still pending.
Court’s Order
The court explained that when a plaintiff properly amends a complaint while a motion to dismiss is pending, the court may either deny the pending motion as moot or evaluate it based on the allegations in the amended complaint. The court ordered the defendants to file a letter within seven days stating which approach they preferred: treating the current motion as moot, without prejudice to filing a new motion under Rule 15(a)(3), or having the court evaluate the current motion in light of the amended complaint.
The order did not grant or deny the motion to dismiss and did not resolve the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.