Iosilevich v. Walmart Inc. et al, No. 7:2022cv04757 - Document 24 (S.D.N.Y. 2022)

Court Description: ORDER denying without prejudice 12 Motion to Dismiss. Accordingly, it is HEREBY ORDERED: 1. By December 19, 20222 plaintiff shall file an amended complaint. Plaintiff shall use the amended complaint form attached to this Order. 2. The amended complaint must contain the full names of the John and Jane Doe defendants identified by the NYAG and the Jane Doe defendants identified by Walmart's counsel. The amended complaint shall include all factual allegations regar ding all named defendants. The amended complaint shall also address any deficiencies made apparent by the fully briefed arguments in Westchester County's motion to dismiss. 3. The amended complaint will completely replace, not merely s upplement, the existing complaint. Therefore, plaintiff must include in the amended complaint all information necessary for his claims against all defendants. 4. Once plaintiff has filed the amended complaint, the Court will screen the amen ded complaint and, if appropriate, issue an order directing the Clerk to issue summonses, complete the USM-285 forms with the service addresses of the newly-named defendants, and deliver to the U.S. Marshals Service all documents necessary to ef fect service. 5. Westchester County's motion to dismiss (Doc. #12) is DENIED WITHOUT PREJUDICE, pending the filing of the amended complaint. 6. All defendants' deadlines to respond to the complaint are stayed pending furt her Court order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to the plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/18/2022) (tg)