Jarvois v. Ferrara
- Gregory Woods
- 1:18-cv-03997
- U.S. District Court · Southern District of New York
- 2
In Jarvois v. Ferrara, Judge Woods treated a filing as the amended complaint, set case-management deadlines, declined to schedule trial, and denied fee-free appeal status.
Plaintiff Fritz T. Jarvois and defendants Carole Ferrara and Thomas Libretti were affected by the case-management directives; Jarvois was also affected by the denial of fee-free status for an appeal.
What happened
In Jarvois v. Ferrara, the court treated Fritz T. Jarvois’s filing at Docket No. 43 as his amended complaint because he did not file a different amended complaint by the deadline.
The court directed Jarvois and Carole Ferrara and Thomas Libretti to submit proposals about discovery and how to proceed with the case by July 13, 2020. It also said the case was not ready for trial and would not set a trial date.
Judge Gregory H. Woods denied fee-free status for any appeal after certifying that an appeal would not be taken in good faith. The court also directed the Clerk to mail the order and specified filings to Jarvois.
The detailed version
- Jarvois v. Ferrara · No. 1:18-cv-03997
- Gregory Woods
- July 2, 2020
Background
On March 5, 2020, the court stated that if Plaintiff Fritz T. Jarvois did not amend his complaint within three weeks, it would treat his submission at Docket No. 43 as his amended complaint. The deadline passed without Jarvois filing another amended complaint.
Court’s Actions
The court therefore construed Docket No. 43 as Jarvois’s amended complaint. It directed Jarvois and Defendants Carole Ferrara and Thomas Libretti to file letters by July 13, 2020, describing their proposals for conducting discovery and otherwise litigating the case. The court stated that Defendants should say in their letter if they intended to move to dismiss the amended complaint.
Jarvois had also filed a document titled a “motion for a speedy trial.” The court stated that the case was not yet ready for trial and declined to set a trial date at that time.
Appeal-Related Ruling and Other Direction
Judge Gregory H. Woods certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. Based on that certification, the court denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail a copy of the order and Docket Nos. 35, 37, 42, and 43 to Jarvois by first-class and certified mail. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.