Afriyie v. NBCUniversal Media, LLC
- Laura Swain
- 1:23-cv-09433
- U.S. District Court · Southern District of New York
- 2
In Afriyie v. NBCUniversal Media, Judge Broderick ordered the defendant to choose how to proceed with its pending dismissal motion.
The plaintiffs and defendants in the case, particularly the defendant with the pending motion to dismiss.
What happened
In Afriyie v. NBCUniversal Media, LLC, Amma Afriyie and Roy Campbell filed an amended complaint on February 9, 2024, while a motion to dismiss was still pending.
The court explained that it could either treat the pending motion as no longer needing a ruling or evaluate it using the amended complaint's allegations.
Judge Broderick ordered the defendant to file a letter within seven days choosing between those options. The court did not decide the motion to dismiss.
The detailed version
- Afriyie v. NBCUniversal Media, LLC · No. 1:23-cv-09433
- Laura Swain
- Feb. 15, 2024
Background
On February 9, 2024, the plaintiffs filed an amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). A defendant's motion to dismiss was still pending.
Court's Analysis
The court stated that when a plaintiff properly amends a complaint while a motion to dismiss remains pending, the court may either deny the pending motion as moot, meaning that it no longer needs to be decided, or evaluate the motion using the allegations in the amended complaint.
Order
The court ordered the defendant to file a letter within seven days stating whether the defendant wanted the pending motion to be treated as moot, without prejudice to filing a new motion under Rule 15(a)(3), or whether the court should evaluate the current motion using the amended complaint. The opinion did not decide the motion to dismiss or the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.