Haywood v. Andre Bakers Funeral Home

Background

In an October 22, 2024 order, the court dismissed Taisha Haywood and Lavaughn Haywood’s claims without prejudice under the statutes and rule cited in the opinion. It also dismissed Nicole Haywood’s claims without prejudice under Federal Rule of Civil Procedure 41(b), which permits dismissal when a party does not comply with a court order. The court said Nicole had failed to comply with an order directing all three plaintiffs to notify the court whether they intended to proceed. The clerk entered judgment on October 24, 2024.

Motions and appellate proceedings

Nicole Haywood filed a notice of appeal on December 13, 2024. She then filed a motion to reopen the case, asserting that the clerk’s office had entered her email address incorrectly. On January 8, 2025, she filed a motion for reconsideration under Rule 60(b)(1), which allows a court to provide relief from a judgment because of mistake or clerical error. Because the notice of appeal had been filed and the case had been transferred to the Court of Appeals for the Second Circuit, this court concluded that it lacked jurisdiction to decide the motions at that time. The Court of Appeals dismissed the appeal on August 12, 2025, and denied Nicole Haywood’s request to reconsider that decision on October 7, 2025.

Ruling

The court granted Nicole Haywood’s motion for reconsideration. It directed the clerk to vacate the civil judgment and reopen the action. It also amended the earlier dismissal order by vacating the portion that dismissed Nicole Haywood’s claims for failure to comply with the court’s order. The court directed the clerk to terminate Taisha Haywood and Lavaughn Haywood as plaintiffs in the action.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free appeal status. This order addressed the earlier dismissal and reopening of the case; it did not decide the underlying claims against the defendants.