Brown v. Zeta Charter School
- Sarah Netburn
- 1:23-cv-05593
- U.S. District Court · Southern District of New York
- 2
In Brown v. Zeta Charter School, Magistrate Judge Netburn gave Cynthia Brown, who had no lawyer, until February 12 to oppose dismissal or amend her complaint.
Cynthia Brown and Zeta Charter School. Brown must decide whether to oppose the motion to dismiss or file an amended complaint by February 12, 2024.
What happened
In Brown v. Zeta Charter School, Zeta Charter School asked the court to dismiss Cynthia Brown’s complaint, arguing that it did not state a valid claim under the federal rule for dismissing legally insufficient complaints.
The court gave Brown until February 12, 2024, to either oppose the dismissal request or file an amended complaint. If she opposes the request, the court may not later allow her to amend. The court explained that an amended complaint would replace the original and should include all relevant facts and claims.
Magistrate Judge Sarah Netburn did not decide the dismissal request in this order. The court recommended that Brown contact the New York Legal Assistance Group’s clinic for people representing themselves and review the attached guidance on opposing a dismissal request.
The detailed version
- Brown v. Zeta Charter School · No. 1:23-cv-05593
- Sarah Netburn
- Jan. 11, 2024
Background
Zeta Charter School filed a motion to dismiss Cynthia Brown’s complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that the complaint failed to state a claim. The opinion does not describe the underlying claims.
Order
The court directed Brown, who was proceeding without a lawyer, to choose between two options by February 12, 2024: file an opposition to the motion to dismiss or file an amended complaint. If Brown files an opposition, Zeta Charter School may file a reply by February 26, 2024. The court stated that if Brown elects to oppose the motion, she may not later be granted permission to amend.
The court explained that an amended complaint would replace the initial complaint. It also stated that, when deciding the motion to dismiss, it cannot consider facts raised only in an opposition brief and not included in the most recently filed complaint. The court therefore instructed that an amended complaint should include all relevant facts and claims.
Assistance and disposition
The order recommends that Brown contact the New York Legal Assistance Group Legal Clinic for Pro Se Litigants for help drafting either an opposition or an amended complaint. It also recommends reviewing the attached document titled “How to Oppose a Motion.” The order does not grant or deny the motion to dismiss; it sets the next steps for responding to it. Sarah Netburn signed the order as United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.