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S.D.N.Y.Procedural orderFiled Aug. 5, 2024

Golden v. Verizon

Judge
Ronnie Abrams
Docket
1:22-cv-05757
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Golden v. Verizon, Judge Ronnie Abrams closed the case after Golden did not seek permission to amend his already-dismissed complaint.

Who this affects

Timothy J. Golden and Verizon New York Inc.; the Clerk of Court was directed to close the case.

What happened

In Golden v. Verizon New York Inc., the court had previously dismissed Timothy J. Golden’s federal claims as time-barred and declined to hear his state-law claims. Golden later asked about a settlement conference, but Verizon did not wish to participate at that time.

The court ordered Golden to state whether he wanted to amend his complaint. Golden did not submit the required letter by the deadline.

Judge Ronnie Abrams directed the Clerk of Court to close the case and mail Golden a copy of the order. The order also encouraged Golden to consult a lawyer or legal assistance group about possible non-time-barred claims in state court.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Golden v. Verizon · No. 1:22-cv-05757
Judge
Ronnie Abrams
Date
Aug. 5, 2024

Background

On February 16, 2024, the Court granted Verizon New York Inc.’s motion to dismiss Golden’s complaint. The Court held that all of Golden’s federal claims were time-barred and declined to exercise supplemental jurisdiction over his state-law claims.

After a June 21, 2024 telephone conference, the Court ordered Golden to state his preferred next steps, including whether he wanted permission to file a motion to amend his complaint. Golden instead submitted a letter requesting a settlement conference. Verizon stated that it did not want to participate in a settlement conference at that time. On July 16, 2024, the Court again ordered Golden to state whether he sought to amend his complaint, with a deadline of August 1, 2024. No letter had been filed by the time of this order.

Ruling

Because the complaint had already been dismissed and Golden had not sought permission to amend it, Judge Ronnie Abrams directed the Clerk of Court to close the case and mail Golden a copy of the order. The Court also encouraged Golden to contact a lawyer or legal assistance group about whether he might bring plausible, non-time-barred claims in state court before the limitations period expired. This order does not state that the earlier dismissal was with or without prejudice.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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