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S.D.N.Y.Procedural orderFiled Jan. 29, 2020

Marom v. Pierot

Judge
Vincent Briccetti
Docket
7:18-cv-12094
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Marom v. Pierot, Judge Briccetti extended objection deadlines and denied appeal fee-waiver status after Mark Gordon reported not receiving the recommendation.

Who this affects

The order affected Michael Marom, Audrey Pierot, and Mark Gordon by extending their objection deadlines; it specifically addressed Gordon’s failure to receive the Report and Recommendation and denied fee-waiver status for an appeal.

What happened

In Marom v. Pierot, the court was told that defendant Mark Gordon had not received Magistrate Judge McCarthy’s report and recommendation.

The court extended every party’s deadline to object to that report and recommendation until February 21, 2020, and said no further extensions would be granted. The court also ordered that copies be mailed to Gordon, Michael Marom, and Audrey Pierot at their docket addresses.

Judge Briccetti ruled that any appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal. The order did not decide the underlying dispute.

The detailed version

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

Case
Marom v. Pierot · No. 7:18-cv-12094
Judge
Vincent Briccetti
Date
Jan. 29, 2020

Background

The court was informed by defendant Mark Gordon that he had not received Magistrate Judge McCarthy’s Report and Recommendation, identified as Document 62.

Rulings

The court extended all parties’ deadlines for filing objections to the Report and Recommendation until February 21, 2020. The court stated that it would grant no further extensions.

The court 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 permission to proceed without paying the appeal filing fees. The court directed chambers to mail the order and the Report and Recommendation to Gordon, and to mail the order to plaintiff Michael Marom and defendant Audrey Pierot, at the addresses listed on the docket.

Effect of the Order

This order addressed deadlines, delivery of court documents, and payment status for a possible appeal. It did not resolve the underlying claims or objections.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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