Jeanty v. Precision Pipeline Solutions LLC
- Vincent Briccetti
- 7:18-cv-07721
- U.S. District Court · Southern District of New York
- 2
In Jeanty v. Precision Pipeline Solutions LLC, Judge Briccetti deemed defendant’s summary-judgment motion unopposed and barred plaintiff’s cross-motion after missed deadlines.
Kervin Jeanty, who was proceeding without a lawyer, could no longer oppose Precision Pipeline Solutions LLC’s summary-judgment motion or file a cross-motion for summary judgment; the defendant’s motion was treated as fully submitted and unopposed.
What happened
In Jeanty v. Precision Pipeline Solutions LLC, the court had ordered plaintiff Kervin Jeanty to respond to the defendant’s summary-judgment motion and file any cross-motion by June 30, 2020.
Jeanty filed neither document by that deadline. The court extended the deadline to August 3, 2020, warned that no further extensions would be granted, and explained the consequences of missing the new deadline. Jeanty then filed neither document and did not request more time.
Judge Vincent L. Briccetti deemed the defendant’s summary-judgment motion fully submitted and unopposed and ruled that Jeanty could not file a cross-motion for summary judgment. The court also denied fee-free appeal status and certified that an appeal would not be taken in good faith.
The detailed version
- Jeanty v. Precision Pipeline Solutions LLC · No. 7:18-cv-07721
- Vincent Briccetti
- Aug. 12, 2020
Background
The court had set June 30, 2020, as the deadline for Kervin Jeanty to oppose Precision Pipeline Solutions LLC’s motion for summary judgment and to file his own cross-motion for summary judgment. Jeanty did not file either document by that date.
The court later extended the deadline to August 3, 2020. It warned Jeanty that failing to oppose the defendant’s motion would cause the motion to be treated as fully submitted and unopposed, and that failing to file a cross-motion by the new deadline would prevent him from filing one later. The court also stated that it would grant no further extensions.
Ruling
Jeanty did not file an opposition, a cross-motion, or a request for additional time. The court therefore deemed Precision Pipeline Solutions LLC’s motion for summary judgment fully submitted and unopposed. The court also ruled that Jeanty may not file a cross-motion for summary judgment.
The order did not decide whether the defendant should win summary judgment. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Jeanty fee-free appeal status.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.