Green v. NBC Universal Media LLC

Background

Courtney Green, who was representing herself, invoked the court’s diversity jurisdiction and sued NBC Universal Media LLC. She alleged that NBC Universal used multiple television shows to surveil and harass her in her home and to collect her personal information.

On April 4, 2022, the court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Green then filed an unsigned motion seeking reconsideration of that dismissal.

Green’s Motion

The court read Green’s filing liberally as a motion under Federal Rule of Civil Procedure 59(e) to alter or amend the judgment, a motion under Local Civil Rule 6.3 for reconsideration, and, alternatively, a motion under Rule 60(b) for relief from the judgment or order.

Green argued that the finding that her allegations were frivolous undermined her intelligence and disregarded the time and suffering involved in pursuing the case. She asserted that she had provided clear and accurate facts showing how information was obtained and used, as well as describing humiliation, harassment, bullying, and mental and verbal abuse. She asked the court to preserve her constitutional rights.

Court’s Analysis

For a Rule 59(e) or Local Civil Rule 6.3 motion, the moving party must show that the court overlooked controlling legal authority or factual matters previously presented. The court explained that reconsideration motions are narrowly construed and are not an opportunity to repeat arguments, present new theories, or offer new evidence in response to the court’s ruling.

The court concluded that Green had not shown that it overlooked any controlling decisions or factual matters concerning dismissal. Referring to its earlier dismissal order, the court stated that Green’s allegations were largely irrational or wholly incredible, did not provide facts suggesting that the alleged television surveillance was possible, and therefore were not plausible. The court cited decisions explaining that factual frivolousness is appropriate when allegations are irrational, wholly incredible, fanciful, fantastic, or delusional.

The court also found that Green had not alleged facts supporting any of the first five grounds for relief under Rule 60(b), such as mistake, newly discovered evidence, fraud, or a void judgment. It further found no extraordinary circumstances supporting relief under Rule 60(b)(6), which permits relief for another reason that justifies it.

Ruling and Effect

Judge Laura Taylor Swain denied Green’s motion for reconsideration. The court stated that all other pending matters were terminated and directed the Clerk of Court not to accept further submissions under the closed case number, except papers directed to the United States Court of Appeals for the Second Circuit.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Green fee-free appeal status for purposes of an appeal.