Seabrook v. Janssen Pharmaceuticals Inc.
- Edgardo Ramos
- 1:20-cv-02005
- U.S. District Court · Southern District of New York
- 5
In James Seabrook v. Janssen Pharmaceuticals, Judge McMahon reopened the case, vacated its dismissal, and ordered fee-related forms within 30 days.
James Seabrook, whose case was reopened and whose prior dismissal and civil judgment were vacated. He was required to submit the specified fee-related forms within 30 days. The order did not resolve the claims against Janssen Pharmaceuticals Inc. or the other defendants.
What happened
In James Seabrook v. Janssen Pharmaceuticals Inc., the court had dismissed the complaint without prejudice after James Seabrook did not submit required forms or pay the filing fees.
Seabrook asked for more time to appeal, explaining that the pandemic affected his ability to respond. The court treated that request as a request to reopen the case rather than as an appeal-time request.
Judge Colleen McMahon granted the request, vacated the dismissal and civil judgment, and ordered Seabrook to submit an application to proceed without prepaying fees and a prisoner authorization within 30 days. The court also denied fee-free status for any appeal from this order.
The detailed version
- Seabrook v. Janssen Pharmaceuticals Inc. · No. 1:20-cv-02005
- Edgardo Ramos
- Aug. 13, 2020
Background
The court had previously directed James Seabrook to submit an application to proceed without prepaying court fees and a prisoner authorization, or to pay the $400 required to file a civil action. Seabrook did not submit the forms or pay the fees, so the court dismissed the complaint without prejudice.
Request and ruling
Seabrook filed a motion requesting more time to appeal. The court construed that motion as a request to reopen the action and granted it. The Clerk of Court was directed to vacate the prior order of dismissal and the civil judgment.
Required next steps
The court ordered Seabrook to submit the attached fee-waiver application and prisoner authorization within 30 days of the order. The order states that if he does not comply, the action will be dismissed without prejudice.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims against Janssen Pharmaceuticals Inc. or the other defendants.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.