Antoinette de Truff v. 117 West 141 DE LLC
- Laura Swain
- 1:24-cv-07910
- U.S. District Court · Southern District of New York
- 2
In Martina Antoinette de Truff v. 117 West 141 DE LLC, Judge Swain granted more time to amend but denied fee-free appeal status.
Martina Antoinette de Truff, whose deadline to file an amended complaint was extended by 45 days but whose fee-free appeal status was denied.
What happened
In Martina Antoinette de Truff v. 117 West 141 DE LLC, the court had dismissed Martina Antoinette de Truff’s complaint and allowed 30 days to file an amended complaint. She was representing herself and had been allowed to proceed without paying court fees.
She asked for more time to file the amended complaint. The court granted that request and gave her 45 days from the date of this order to file it.
If she does not file the amended complaint on time and cannot show a good reason for the delay, the court said it will enter a civil judgment for the reasons stated in its earlier order. Judge Laura Taylor Swain also denied fee-free status for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Antoinette de Truff v. 117 West 141 DE LLC · No. 1:24-cv-07910
- Laura Swain
- Feb. 10, 2025
Background
Martina Antoinette de Truff proceeded without a lawyer and had been allowed to proceed without paying court fees. In an order dated December 29, 2024, the court dismissed her complaint but gave her 30 days to file an amended complaint.
Request for more time
On January 28, 2025, de Truff filed a letter asking for an extension of time to submit the amended complaint.
Ruling
The court granted de Truff’s request for an extension. It ordered her to file an amended complaint within 45 days of the February 7, 2025 order. The court stated that if she does not meet that deadline and cannot show good cause—a legally sufficient reason—for the failure, it will enter civil judgment for the reasons stated in the December 29, 2024 order.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied de Truff permission to proceed without paying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.