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THE STATE OF NEW HAMPSHIRE
13-CV-576
Docket No.
ORDER ON DOCUMENT No. 4
The plaintiff filed a complaint for information under the right to know law. Before the court is the defendant's motion to dismiss. The plaintiff objects.
The defendant correctly asserts that the complaint asserts a legal conclusion - that the defendant did not comply with the right to know law - but fails to set forth either facts or grounds to support this conclusion. In his objection, the plaintiff supplemented his complaint by specifying three alleged violations of the right to know law.
Based on the foregoing, the objection shall be deemed as a motion to amend the complaint, which motion is GRANTED. On this basis, the defendant's motion to dismiss is DENIED without prejudice. See ERG, Inc. v. Theodore Barnes & a. and ERG, Inc. v. Carl Schmelzer, 137 N.H. 186, 189-90 (1993) (court should allow one opportunity to amend pleadings before granting a motion to dismiss on the merits).
So ORDERED.