Mackenzie v. New York City Department of Education et al

Filing 23

ORDER re: 21 Remark filed by Charles R. Mackenzie. 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 m otion 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. (Signed by Judge Vernon S. Broderick on 11/18/2021) (kv)

Case 1:21-cv-05711-VSB Document 23 Filed 11/18/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
CHARLES R. MACKENZIE,
:
:
Plaintiff,
:
:
-against:
:
:
NEW YORK CITY DEPARTMENT OF
EDUCATION et al.,
:
:
Defendants. :
X
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21-cv-5711 (VSB)
ORDER

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
New York, New York

______________________
Vernon S. Broderick
United States District Judge