Valentine v. Westchester County
- Vincent Briccetti
- 7:19-cv-02526
- U.S. District Court · Southern District of New York
- 1
In Valentine v. Westchester County, Judge Briccetti extended Valentine’s deadline to oppose dismissal but did not decide the motion.
Vashawn Valentine’s deadline to oppose the motion was extended, and the defendant’s potential reply deadline was set. The order also affected any appeal from this order by denying fee-free appeal status.
What happened
In Valentine v. Westchester County, the defendant moved to dismiss the third amended complaint, and Vashawn Valentine had not filed an opposition by the original deadline.
The court extended Valentine’s deadline to oppose the motion to May 31, 2021. If he did not respond by then, the motion would be treated as fully submitted without opposition; if he responded, the defendant’s reply would be due June 7, 2021. The court did not decide the motion to dismiss.
Judge Vincent L. Briccetti also denied fee-free appeal status for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Valentine v. Westchester County · No. 7:19-cv-02526
- Vincent Briccetti
- May 3, 2021
Background
On March 19, 2021, the defendant filed a motion to dismiss the third amended complaint. Under the cited local rule, an opposition was due within 14 days after the moving papers were served, making the original deadline April 2, 2021. The opinion states that Vashawn Valentine had not filed an opposition by the date of the order.
Order
The court extended Valentine’s time to oppose the motion to dismiss until May 31, 2021. If Valentine did not oppose the motion by that date, the court would consider the motion fully submitted and unopposed. If he did oppose it, the defendant’s reply, if any, would be due June 7, 2021. The order therefore addressed briefing deadlines and did not rule on the merits of the motion to dismiss.
The court directed that a copy of the order be mailed to Valentine at the address listed on the docket and reminded him to notify the court in writing of any address change. It stated that the action might be dismissed if he failed to do so.
Appeal Status
Judge Vincent L. Briccetti certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free appeal status for that purpose.
Disposition
The court extended the opposition deadline; it did not grant or deny the underlying motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.