Anderson v. First Transit, Inc.
- Kenneth Karas
- 7:23-cv-06826
- U.S. District Court · Southern District of New York
- 2
In Anderson v. First Transit, Judge Karas denied the pending dismissal motion without prejudice after plaintiffs amended their complaint and approved a new briefing schedule.
The plaintiffs, First Transit, Inc., and Adam Moore. The pending motion to dismiss was denied without prejudice and terminated, while the approved schedule applies to the anticipated motion to dismiss the amended complaint.
What happened
In Anderson, et al. v. First Transit, Inc., et al., the defendants moved to dismiss the original complaint on February 9, 2024. The plaintiffs then filed an amended complaint as allowed by the federal rules before the motion was decided.
The plaintiffs and the First Transit defendants jointly asked the court to treat the pending motion as no longer applicable and to approve deadlines for an expected motion addressing the amended complaint. The proposed deadlines were April 5 for the motion, April 19 for the opposition, and April 29 for any reply.
Judge Kenneth Karas approved the briefing schedule, denied the February 9 motion without prejudice, and directed the Clerk to terminate that motion. The order did not decide the claims’ underlying merits.
The detailed version
- Anderson v. First Transit, Inc. · No. 7:23-cv-06826
- Kenneth Karas
- Mar. 7, 2024
Background
The First Transit Defendants—First Transit, Inc. and Adam Moore—filed a motion to dismiss the original complaint on February 9, 2024. On February 26, 2024, the plaintiffs filed an amended complaint as of right under Federal Rule of Civil Procedure 15(a)(1)(B), which permits a plaintiff to amend a pleading without first obtaining the court’s permission in specified circumstances.
Request and proposed schedule
The plaintiffs and the First Transit Defendants jointly asked the court to deny the pending motion to dismiss as moot, without prejudice to renewal, and to approve a schedule for the First Transit Defendants’ anticipated motion to dismiss the amended complaint. They proposed April 5, 2024, for moving papers; April 19, 2024, for opposition papers; and April 29, 2024, for any reply. The proposed schedule extended the deadline for responding to the amended complaint.
Ruling
Judge Kenneth Karas approved the briefing schedule. He denied the motion to dismiss filed on February 9, 2024, without prejudice, and requested that the Clerk terminate the motion, identified as Doc. # 35. The opinion did not address the merits of the claims or decide whether the amended complaint states a valid claim.
Classification
This is a procedural order because the court disposed of a pending motion to dismiss after the complaint was amended and did not reach the underlying legal claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.