Blaker v. Emil Capital Partners
- Laura Swain
- 1:23-cv-10543
- U.S. District Court · Southern District of New York
- 1
In Blaker v. Emil Capital Partners, Judge Broderick ordered defendants to choose whether to treat their pending dismissal motion as moot or have it evaluated.
Nicole Blaker and the defendants—Emil Capital Partners, Agency 7SEAS, Inc., and Robert Willey—were affected by the order concerning the pending motion to dismiss and amended complaint.
What happened
In Blaker v. Emil Capital Partners, Nicole Blaker filed an amended complaint on March 1, 2024, while the defendants’ motion to dismiss was still pending.
The court gave the defendants seven days to choose between treating the existing motion as moot, allowing them to file a new motion under the federal civil-procedure rules, or having the court evaluate the existing motion using the amended complaint.
Judge Broderick did not decide the motion to dismiss. He ordered the defendants to state their choice in a letter.
The detailed version
- Blaker v. Emil Capital Partners · No. 1:23-cv-10543
- Laura Swain
- Mar. 4, 2024
Background
Nicole Blaker filed an amended complaint on March 1, 2024, under Federal Rule of Civil Procedure 15(a)(1)(B). The opinion states that Defendants Emil Capital Partners, Agency 7SEAS, Inc., and Robert Willey had a motion to dismiss pending when the amended complaint was filed.
Court’s Action
The court ordered the defendants to file a letter within seven days choosing one of two options. They could ask that their pending motion to dismiss be treated as moot, without prejudice to filing a new motion under Rule 15(a)(3). Alternatively, they could ask the court to evaluate the current motion in light of the allegations in the amended complaint.
Disposition
The court did not grant or deny the motion to dismiss. It ordered the defendants to state which option they chose. Judge Vernon S. Broderick signed the order on March 4, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.