Green v. NBC Universal Media LLC

Background

Courtney Green, who was representing herself, brought the action against NBC Universal Media LLC and invoked the court’s diversity jurisdiction. The opinion states that Green resides in Missouri. She alleged that NBC television programs, including the Today Show and NBC Morning News, bullied and abused her, monitored her while she was at home, collected and exploited personal information, and interfered with her sleep and business activities. She asserted claims identified as defamation, invasion of privacy, mental abuse, and misuse of social status and a media platform. She sought money damages.

The court had previously allowed Green to proceed without paying the filing fee in advance. In reviewing a complaint filed under that status, the court was required to dismiss claims that were frivolous, failed to state a legally sufficient claim, sought relief from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also had to read Green’s self-represented allegations generously.

Court’s reasoning

The court ruled that the complaint was frivolous because it lacked a basis in law or fact. It concluded that Green’s allegations about NBC using television shows to surveil and harass her and collect her personal information were largely irrational or wholly incredible. The complaint did not provide facts suggesting that the alleged television surveillance was possible, and therefore did not state a plausible claim for defamation, invasion of privacy, or unfair competition under New York law.

Although courts generally give self-represented plaintiffs an opportunity to amend defective complaints, the court found that amendment would be futile because the allegations about NBC victimizing Green through its television programs could not be cured. The court therefore declined to grant leave to amend.

Ruling

Judge Laura Taylor Swain dismissed Green’s complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court denied Green’s requests for summonses and subpoenas as moot and terminated all other pending matters in the case.

The court also warned that additional vexatious or frivolous litigation in the Southern District of New York could result in an order barring Green from filing new actions without prior permission. Finally, the court certified that any appeal would not be taken in good faith and denied Green permission to proceed without prepaying fees for an appeal.