Donzo v. City of New York

S.D. New York

Donzo v. City of New York

DecidedMay 12, 2021

Docket1:21-cv-00629

StatusUnknown

This text of Donzo v. City of New York (Donzo v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Donzo v. City of New York, (S.D.N.Y. 2021).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane eK MOHAMMED DONZO, : Plaintiff, : : 21 Civ. 629 (LGS) -against- : : ORDER CITY OF NEW YORK et al., : Defendants. : ne ee X LORNA G. SCHOFIELD, District Judge: WHEREAS, Defendants have filed a letter regarding a proposed motion to dismiss the Complaint (Dkt. No. 19). Plaintiff states that he will withdraw several of his claims and requests leave to file a First Amended Complaint (“FAC”) (Dkt. No. 27). WHEREAS, Federal Rule of Civil Procedure 15 provides that “[t]he court should freely give leave [to amend a pleading] when justice so requires.” Fed. R. Civ. P. 15(a)(2). “This permissive standard is consistent with [the court’s] strong preference for resolving disputes on the merits.” Williams v. Citigroup Inc., 659 F.3d 208, 212-13 (2d Cir. 2011) (internal quotation marks omitted); accord Travelex Currency Servs., Inc. v. Puente Enterprises, Inc., 449 F. Supp. 3d 385, 394 (S.D.N.Y. 2020). “[I]t is within the sound discretion of the district court to grant or deny leave to amend.” Broidy Capital Mgmt. LLC v. Benomar, 944 F.3d 436, 447 (2d Cir. 2019) (internal quotation marks omitted). Discovery in this matter has just commenced, no dispositive motions are pending and withdrawal of claims that Plaintiff acknowledges are improper would not prejudice Defendants. Accordingly, it is hereby ORDERED that by May 18, 2021, Plaintiff shall file a First Amended Complaint. Dated: May 12, 2021 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane eK MOHAMMED DONZO, : Plaintiff, : : 21 Civ. 629 (LGS) -against- : : ORDER CITY OF NEW YORK et al., : Defendants. : ne ee X LORNA G. SCHOFIELD, District Judge: WHEREAS, Defendants have filed a letter regarding a proposed motion to dismiss the Complaint (Dkt. No. 19). Plaintiff states that he will withdraw several of his claims and requests leave to file a First Amended Complaint (“FAC”) (Dkt. No. 27). WHEREAS, Federal Rule of Civil Procedure 15 provides that “[t]he court should freely give leave [to amend a pleading] when justice so requires.” Fed. R. Civ. P. 15(a)(2). “This permissive standard is consistent with [the court’s] strong preference for resolving disputes on the merits.” Williams v. Citigroup Inc., 659 F.3d 208, 212-13 (2d Cir. 2011) (internal quotation marks omitted); accord Travelex Currency Servs., Inc. v. Puente Enterprises, Inc., 449 F. Supp. 3d 385, 394 (S.D.N.Y. 2020). “[I]t is within the sound discretion of the district court to grant or deny leave to amend.” Broidy Capital Mgmt. LLC v. Benomar, 944 F.3d 436, 447 (2d Cir. 2019) (internal quotation marks omitted). Discovery in this matter has just commenced, no dispositive motions are pending and withdrawal of claims that Plaintiff acknowledges are improper would not prejudice Defendants. Accordingly, it is hereby ORDERED that by May 18, 2021, Plaintiff shall file a First Amended Complaint. Dated: May 12, 2021 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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Donzo v. City of New York, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donzo-v-city-of-new-york-nysd-2021.

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