Mackenzie v. New York City Department of Education

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK na eK CHARLES R. MACKENZIE, : Plaintiff, : : 21-cv-5711 (VSB) -against- : : ORDER NEW YORK CITY DEPARTMENT OF : EDUCATION et al., : Defendants. : VERNON S. BRODERICK, United States District Judge: On November 17, 2021, Plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). “[W]hen a plaintiff properly amends [a] complaint after a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint.” Pettaway v. Nat’l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020). Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants’ current motion to dismiss in light of the facts alleged in the amended complaint.

SO ORDERED.

Dated: November 18, 2021 if HJ {.

New York, New York □□ UTMG LAIOW ide Vernon S. Broderick United States District Judge