Sweigert v. Goodman
- Valerie Caproni
- 1:18-cv-08653
- U.S. District Court · Southern District of New York
- 4
In Sweigert v. Goodman, Magistrate Judge Aaron denied Goodman’s motion to strike court language and required permission for later unapproved filings.
Defendant Jason Goodman, who must obtain the court’s permission before making filings that were not previously ordered.
What happened
In Sweigert v. Goodman, Defendant Jason Goodman asked the court to remove allegedly scandalous language from earlier court decisions. The motion was based on a rule allowing certain material to be removed from pleadings.
The court explained that the rule applies only to pleadings, such as complaints and answers—not to judicial decisions. Because Goodman’s motion targeted language in court decisions, the court found that it lacked a proper legal basis and denied it.
Magistrate Judge Stewart D. Aaron also ordered Goodman to seek permission before making filings that were not previously ordered by the court. The required request must explain why the filing should be allowed and include a sworn statement addressing duplication, frivolousness, bad faith, compliance with court orders, and compliance with procedural rules.
The detailed version
- Sweigert v. Goodman · No. 1:18-cv-08653
- Valerie Caproni
- Feb. 24, 2022
Background
Defendant Jason Goodman filed a motion under Federal Rule of Civil Procedure 12(f) asking the court to strike allegedly scandalous material from the docket. The material he sought to remove appeared in earlier court decisions, rather than in a pleading filed by a party.
Before this motion, District Judge Valerie Caproni had ordered the parties to show cause why they should not be required to seek permission before making filings that had not been ordered by the court. On February 17, 2022, Magistrate Judge Stewart D. Aaron declined to impose a filing injunction at that time but warned that further frivolous filings could result in sanctions. The court also directed the parties to limit their filings to those ordered by the court or necessary to advance the case to trial.
Legal standard
Rule 12(f) allows a court to strike an insufficient defense or redundant, immaterial, impertinent, or scandalous matter from a pleading. The court explained that “pleadings” are limited to the documents listed in Federal Rule of Civil Procedure 7(a), including complaints and answers. Motions, briefs, affidavits, other documents outside the pleadings, and judicial opinions are not pleadings covered by Rule 12(f).
Ruling
Judge Aaron denied Goodman’s motion to strike because it targeted language in prior court decisions, not material in a pleading. The court therefore found that the motion had no proper legal basis.
The court also ordered Goodman to seek leave—that is, permission from the court—before making any filings that had not previously been ordered. The request must include a one-page motion explaining why the filing should be permitted and a one-page statement under penalty of perjury confirming that the filing is not unnecessarily duplicative or piecemeal, is not frivolous or made in bad faith or for an improper purpose, and complies with the court’s orders, the Federal Rules of Civil Procedure, and the court’s local rules.
Disposition
Goodman’s motion to strike was DENIED. The court separately ordered him to seek leave before making filings not previously ordered. The clerk was asked to mail a copy of the order to Goodman, who was described as representing himself.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.