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S.D.N.Y.Procedural orderFiled Feb. 26, 2020

In Re: Motors Liquidation Company

Judge
Alison Nathan
Docket
1:19-cv-06668
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Re: Motors Liquidation Company: Judge Nathan extended Marianne O’Grady’s appeal-brief deadline and denied fee-free appeal status.

Who this affects

Marianne O’Grady must meet the new briefing deadlines or the court may decide the appeal without further notice. Motors Liquidation Company Avoidance Action Trust must file its opposition by March 12, 2020.

What happened

In Re: Motors Liquidation Company concerns an appeal by Marianne O’Grady. The court had ordered her to file her brief by February 24, 2020, but had not received it.

The court extended O’Grady’s deadline to March 6, 2020. The appellee’s opposition is due March 12, and O’Grady’s reply, if any, is due March 23. The court warned that it may decide the appeal without further notice if she does not file a brief.

Judge Alison J. Nathan also certified that an appeal from this order would not be taken in good faith and denied O’Grady permission to appeal without paying the filing fees. The order directs that a copy be mailed to her.

The detailed version

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

Case
In Re: Motors Liquidation Company · No. 1:19-cv-06668
Judge
Alison Nathan
Date
Feb. 26, 2020

Background

Marianne O’Grady is the appellant in an appeal involving Motors Liquidation Company Avoidance Action Trust. Under the Court’s January 29, 2020 Order, O’Grady’s brief was due February 24, 2020. The Court stated that it had not received the brief. The opinion identifies O’Grady as proceeding without a lawyer.

Order

The Court extended O’Grady’s deadline to file her brief to March 6,

  1. The appellee’s opposition is due March 12,
  2. O’Grady may file a reply by March 23,
  3. The Court warned that, if she does not submit a brief, it may decide the appeal without further notice to her.

The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to proceed with an appeal without paying filing fees. The Court directed that a copy of the order be mailed to O’Grady and that the mailing be noted on the public docket.

Disposition

This is a procedural scheduling and filing-fee order; it does not decide the underlying appeal. Judge Alison J. Nathan extended the briefing deadlines and denied fee-free status for an appeal from this order.

The authoritative version

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

Open opinion PDF →
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