Sweigert v. Goodman

Purpose of the Order

The court issued this case-management order to clarify which claims George Sweigert intended to pursue at trial after discovery had closed. The order did not decide the merits of the claims. It required Sweigert to identify the evidence supporting the claims so that the parties and the court could prepare for trial.

Defamation Claims

For every defamation claim Sweigert intended to pursue, the court required a chart containing:

- the allegedly defamatory statement, quoted exactly; - the source of the statement, including the relevant video or audio file, date, and time stamp when applicable; - the location on the docket where the statement had previously been identified; - confirmation that the court had received a complete copy of the source; - the evidence supporting fault; - the evidence supporting falsity; and - the evidence supporting special damages, or a statement that Sweigert claimed the statement was defamatory by its nature without needing proof of special damages.

The court limited Sweigert to statements identified in the operative pleadings or in specified discovery responses, unless he could identify another location on the docket where a statement had already been identified.

Statutory Privacy Claims

For every statutory privacy claim, the court required a separate chart identifying each use of Sweigert’s name, portrait, or picture for advertising or trade purposes that he claimed violated his rights. The chart also had to include the docket location where the use had previously been identified, confirmation that a complete copy of the source had been provided, the evidence supporting the claim, and an explanation of why the newsworthiness exception did not apply.

The order referred to New York Civil Rights Law §§ 50 and 51. It described those claims as requiring use in New York of a person’s name, portrait, or picture for advertising or trade purposes without written consent, and noted that publications about newsworthy events or matters of public interest generally are not treated as advertising or trade uses.

Filing and Warnings

Sweigert’s submission had to contain only the two charts; other text would be disregarded. He also had to send the complete source materials to the court by Federal Express on a USB drive or other storage device and attach the tracking information. The deadline for both the filing and the materials was March 18, 2022.

The court warned that claims not included in the filing would not be considered moving forward and that piecemeal, corrected, or amended filings would not be accepted. It further warned that insufficient evidence supporting a required element could lead to dismissal of a claim as a matter of law before trial, and that failure to follow the order could result in sanctions. The Clerk was asked to mail a copy of the order to the pro se defendant, Jason Goodman.