Gayle v. Hearst Communications Inc.
- Laura Swain
- 1:19-cv-04699
- U.S. District Court · Southern District of New York
- 1
In Gayle v. Hearst Communications, Inc., Judge Swain granted dismissal, dismissed the complaint with prejudice, and denied appeal-related fee waiver status.
Iтоffee R. Gayle and Hearst Communications, Inc.; the complaint was dismissed with prejudice and the case was closed.
What happened
In Gayle v. Hearst Communications, Inc., Hearst Communications asked the court to dismiss Itoffee R. Gayle’s complaint. The judgment does not describe the complaint’s underlying claims or the parties’ factual positions.
The court granted Hearst Communications’ motion to dismiss. It stated that Gayle had not requested permission to amend or shown that he could fix the defects identified in the motion.
Judge Swain’s court dismissed the complaint with prejudice, meaning the complaint cannot be refiled in that case. The court also certified that an appeal would not be taken in good faith, denied fee-waiver status for an appeal, and closed the case.
The detailed version
- Gayle v. Hearst Communications Inc. · No. 1:19-cv-04699
- Laura Swain
- Jan. 28, 2021
Background
The judgment concerns a complaint filed by Itoffee R. Gayle against Hearst Communications, Inc. The supplied opinion text does not identify the complaint’s underlying claims, the relevant facts, or the parties’ arguments. It states that the defendant filed a motion to dismiss.
Ruling on Dismissal
The court granted the defendant’s motion to dismiss the complaint. The judgment explains that although courts may allow a party to amend a complaint when justice requires, permission to amend was not warranted here because Gayle had not requested it and had not indicated that he was ready and able to plead facts curing the substantive defects identified in the motion. The court therefore concluded that amendment would be futile and dismissed the complaint with prejudice.
Appeal and Case Status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It consequently denied fee-waiver status for purposes of an appeal. The case was closed. Judge Laura Swain is identified in the supplied case information; the judgment itself is signed by the court clerk’s office.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.