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S.D.N.Y.Procedural orderFiled Apr. 19, 2021

Sweigert v. Goodman

Judge
Valerie Caproni
Docket
1:18-cv-08653
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscoveryPro Se
In one sentence

In Sweigert v. Goodman, Judge Aaron denied judicial-notice motions and restricted further discovery filings without permission.

Who this affects

Plaintiff George Sweigert’s motions for judicial notice were denied, and he was restricted from filing further discovery responses without court permission. Defendant Jason Goodman was to receive a mailed copy of the order, and the court identified him as proceeding without a lawyer.

What happened

In Sweigert v. Goodman, Plaintiff George Sweigert asked the court to take official notice of filings from other federal lawsuits involving Defendant Jason Goodman.

The court said those filings were not shown to be relevant, and that using them to prove the truth of statements made in other lawsuits would be improper. The court also found that Sweigert’s multiple discovery filings were unnecessary and crowded the docket.

Judge Stewart D. Aaron denied the motions for judicial notice and ordered Sweigert not to file further discovery responses without the court’s permission. The court directed Sweigert to follow its procedures for legitimate discovery disputes and warned that violations could lead to sanctions.

The detailed version

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

Case
Sweigert v. Goodman · No. 1:18-cv-08653
Judge
Valerie Caproni
Date
Apr. 19, 2021

Background

Plaintiff George Sweigert filed several motions asking the court to take judicial notice of filings in other federal lawsuits involving Defendant Jason Goodman. Judicial notice is a procedure allowing a court to accept certain facts without requiring ordinary proof. The motions were identified as being related to discovery and preliminary injunctive relief, but the court noted that Sweigert did not explain that connection.

Court’s Analysis

The court recognized that Federal Rule of Evidence 201 can permit judicial notice of documents filed in other courts. But it stated that judicially noticed facts must be relevant to the case. Sweigert did not explain why the fact that the other filings existed was relevant here. The court also stated that court documents generally may not be judicially noticed to establish the truth of the matters asserted in the other litigation; they may instead be used to establish the fact that the other litigation and filings occurred.

The court also addressed Sweigert’s discovery filings. It found that his multiple, multi-part filings were unnecessary and were clogging the docket. The court cited five responses to a February 23, 2021 order and at least four declarations from Thomas Schoenberger, stating that a single filing would have been sufficient.

Ruling

Judge Stewart D. Aaron denied Sweigert’s motions for judicial notice. The court directed Sweigert not to make similar filings without a proper basis and prohibited him from filing further discovery responses without leave of court. The court stated that any legitimate discovery disputes must be raised in compliance with the court’s Individual Practices and warned that failure to comply may result in sanctions. The Clerk was also asked to mail a copy of the order to the pro se defendant, Jason Goodman.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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