Pettaway v. National Recovery Solutions, LLC, No. 19-1453 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed the district court's dismissal of plaintiff's Federal Debt Collection Practices Act (FDCPA) claim under Federal Rule of Civil Procedure 12(b)(6). The court agreed with plaintiff that her amended complaint was timely filed, notwithstanding the deficiency notice issued by the court clerk.
Nevertheless, the court held that when a plaintiff properly amends her complaint and 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. In this case, the district court evaluated the motion and properly dismissed plaintiff's amended complaint on the merits because it failed to state a plausible claim for relief.