Green v. ABC Entertainment Inc.

Background

Courtney Green, who was representing herself, filed an action invoking the court’s diversity jurisdiction against ABC Entertainment Inc. Green alleged that multiple television shows had been used to surveil and harass her in her home and to collect her personal information.

On April 4, 2022, the court dismissed the action under 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. That provision permits dismissal of certain cases filed by people who cannot afford filing fees when the action is frivolous. Green then filed two unsigned motions seeking reconsideration of the dismissal.

Motions and analysis

The court treated Green’s filings as motions under Federal Rule of Civil Procedure 59(e), which permits a party to ask the court to alter or amend a judgment, and Local Civil Rule 6.3, which governs reconsideration in the Southern District of New York. Alternatively, the court treated them as a motion under Rule 60(b), which permits relief from a judgment or order for specified reasons such as mistake, newly discovered evidence, misconduct, or extraordinary circumstances.

For the Rule 59(e) and Local Rule 6.3 motions, the court explained that Green had to show that it had overlooked controlling law or factual matters previously presented. The court found that she had not done so. It relied on its earlier conclusion that the complaint’s assertions were largely irrational or wholly incredible, offered no facts suggesting that the alleged television surveillance was possible, and were therefore not plausible.

The court also found that Green had not shown any basis for relief under the first five grounds listed in Rule 60(b), or extraordinary circumstances supporting relief under Rule 60(b)(6). The court concluded that Green had not presented legal or factual matters calling the dismissal into question.

Disposition

The court denied Green’s motions for reconsideration, identified as ECF Nos. 20 and 21. It terminated all other pending matters and denied all other requests as moot. The clerk was directed 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 certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Green permission to appeal without paying the filing fees.