Williams et al v. Connell et al

Filing 51

ORDER: finding as moot/denying the # 47 Motion to Dismiss for Failure to State a Claim, with leave to renew should Plaintiffs fail to file an amended complaint as contemplated in the Courts earlier order. Signed by Senior Judge Thomas J. McAvoy on 10/2/2017. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

SHIKEMA WILLIAMS, as Administratrix of
the Estate of Frederick Velez, et al.
Plaintiffs,
v.

6:17-cv-750
(TJM/ATB)

SUSAN CONNELL, et al.,
Defendants.

Thomas J. McAvoy, SR. U.S.D.J.

ORDER
Defendants filed a motion to dismiss this action, which alleges that Defendants
violated the rights of Plaintiff and Plaintiff’s decedent when they failed to prevent a fatal
assault from another prison inmate at the Oneida County (New York) Correctional Facility.
See dkt. # 47. After Defendants filed their motion, Plaintiffs sought leave of court to file a
Second Amended Complaint. See dkt. # 49. The Court granted this motion, providing
Plaintiffs until October 18, 2017 to file that Second Amended Complaint. See dkt. # 50.
As filing the Second Amended Complaint would cause the Defendants’ motion to
become moot, the Court will DENY the Defendants’ motion to dismiss, dkt. # 47, with
leave to renew should Plaintiffs fail to file an amended complaint as contemplated in the
Court’s earlier order. Should Plaintiffs file a Second Amended Complaint, the Court’s
order here will have no effect on Defendants’ ability to respond in any appropriate way to

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that Second Amended Complaint.
IT IS SO ORDERED

Dated:October 2, 2017

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