Friday, December 13, 2013
Re: Request for Social Security applications of three individuals Disposition: Granting defendant's motion to dismiss; denying plaintiff's motion for summary judgment
- Litigation Considerations, Adequacy of Pleadings: The court "dismiss[es] plaintiff's Amended Complaint, without prejudice, and with leave to amend within 21 days of the docketing of the accompanying Order, so that plaintiff may properly allege the claims she raised in her Opposition." The court finds that "[p]laintiff's Amended Complaint was filed before [defendant] responded to [plaintiff's] FOIA request, and has been rendered moot by [defendant's] response to [plaintiff's] FOIA request." The court explains that "[i]f plaintiff takes issue with the adequacy of [defendant's] response, [plaintiff] must amend her complaint to add allegations that [defendant's] response was deficient."
Updated August 6, 2014