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S.D.N.Y.Procedural orderFiled Feb. 17, 2022

Sweigert v. Goodman

Judge
Valerie Caproni
Docket
1:18-cv-08653
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Sweigert v. Goodman, Magistrate Judge Aaron declined to impose a filing injunction, warned of sanctions, and denied the plaintiff’s motions.

Who this affects

George Sweigert and Jason Goodman, particularly the pro se defendant, were warned that further frivolous filings could result in sanctions and were directed to limit future filings.

What happened

In Sweigert v. Goodman, the court considered whether to require George Sweigert and Jason Goodman to obtain permission before filing anything not already ordered by the court. The proceeding arose after the court warned them about frivolous or repetitive filings.

The court noted that the case was nearing its conclusion and that discovery was complete. It also noted a repetitive motion to disqualify Judge Caproni, followed by motions filed by the plaintiff.

Magistrate Judge Stewart D. Aaron declined to impose a filing injunction at that time, but warned that further frivolous filings would lead to sanctions without another opportunity to respond. The plaintiff’s motions were denied, and the clerk was directed to terminate the motion listed at docket entry 354 and mail the order to the pro se defendant.

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
Feb. 17, 2022

Background

On January 19, 2022, District Judge Valerie Caproni ordered George Sweigert and Jason Goodman to explain why the court should not require them to seek permission before making filings that the court had not previously ordered. Both parties submitted responses on February 10, 2022.

The court described the record as containing repeated warnings that the parties’ conduct did not meet the standards expected of litigants, despite their status as people representing themselves. The court also noted that frivolous or repetitive filings consume court resources. In addition to filings identified in the earlier order, the defendant had recently filed another motion to disqualify Judge Caproni, and the plaintiff had filed motions for sanctions and to submit additional legal authority.

Ruling

Magistrate Judge Stewart D. Aaron declined to impose a filing injunction at that time because the case was approaching its conclusion. The court warned, however, that further frivolous filings would result in sanctions without another opportunity for the parties to be heard. Because discovery was complete, the court directed the parties to limit their filings to those ordered by the court or necessary to move the case toward trial.

The order states that the plaintiff’s motions are denied. It also states that, although the defendant’s motion to disqualify was duplicative, the court declined in its discretion to impose sanctions. The clerk was requested to terminate the motion at docket entry 354 and mail a copy of the order to the pro se defendant.

Classification

This is a procedural order concerning filing restrictions, warnings, and sanctions. It does not decide the underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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