Williams et al v. Connell et al
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.
SUSAN CONNELL, et al.,
Thomas J. McAvoy, SR. U.S.D.J.
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
that Second Amended Complaint.
IT IS SO ORDERED
Dated:October 2, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?