Newmann v. Mediterranean Shipping Company, S.A.
- Alison Nathan
- 1:18-cv-10518
- U.S. District Court · Southern District of New York
- 2
In Newmann v. Mediterranean Shipping, Judge Nathan dismissed Amy Newmann’s complaint with prejudice after she did not amend it and denied fee-free appeal status.
Amy Newmann’s complaint was dismissed with prejudice, the case was closed, and her permission to appeal without paying filing costs was denied. Mediterranean Shipping Company, S.A. was the defendant.
What happened
Newmann v. Mediterranean Shipping Company, S.A. involved Amy Newmann’s complaint against Mediterranean Shipping Company, S.A. The court had previously dismissed the complaint without prejudice and allowed her to amend it.
Newmann asked for more time, explaining that she had retained counsel. The court extended the deadline to November 30, 2019, and warned that failing to amend would result in dismissal with prejudice. She did not file an amended complaint.
Judge Alison J. Nathan dismissed the complaint with prejudice, ordered the Clerk to close the case and enter judgment, and denied Newmann permission to appeal without paying filing costs because the court found that an appeal would not be taken in good faith.
The detailed version
- Newmann v. Mediterranean Shipping Company, S.A. · No. 1:18-cv-10518
- Alison Nathan
- Jan. 14, 2020
Background
On September 30, 2019, the Court granted Mediterranean Shipping Company’s motion to dismiss without prejudice. The Court gave Amy Newmann 30 days to amend her complaint. Newmann later asked for an extension because she had retained counsel, and the Court extended the deadline to November 30, 2019. The Court warned that failure to amend would result in dismissal with prejudice, meaning the complaint could not be refiled in the same form.
Ruling
Because Newmann had not amended her complaint by the extended deadline, the Court dismissed the complaint with prejudice. It ordered the Clerk of Court to close the case and enter judgment.
The Court also found under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Newmann permission to proceed without paying filing costs for purposes of any appeal. The order states that a copy would be mailed to the pro se plaintiff, meaning a plaintiff representing herself without a lawyer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.