Lee v. Korobkova
- Vincent Briccetti
- 7:20-cv-10311
- U.S. District Court · Southern District of New York
- 1
In Lee v. Korobkova, Judge Briccetti ordered defendants to serve pro se plaintiff a complete summary-judgment notice.
The order affected Joseph Lee, who was proceeding without a lawyer, and the defendants, who were required to serve a complete summary-judgment notice and file proof of service.
What happened
In Lee v. Korobkova, defendants filed a motion asking for summary judgment. Because Joseph Lee was proceeding without a lawyer, defendants had to serve a notice explaining the motion and attaching the full texts of relevant federal and local rules.
The notice defendants filed did not include those rule texts. The court ordered defendants to serve a complete notice and file proof of service by April 25, 2022.
The court did not decide the summary-judgment motion. The order stated that failing to serve and file the required notice could result in denial of the motion. Judge Vincent L. Briccetti also directed chambers to mail Lee a copy of the order.
The detailed version
- Lee v. Korobkova · No. 7:20-cv-10311
- Vincent Briccetti
- Apr. 20, 2022
Background
Defendants filed a motion for summary judgment on April 18, 2022. Summary judgment is a request for a court decision without a trial when the governing procedural requirements are met. Because plaintiff Joseph Lee was proceeding pro se, meaning without a lawyer, defendants were required by Southern District of New York Local Civil Rule 56.2 to serve a notice for a self-represented party opposing summary judgment. The notice had to include the full texts of Federal Rule of Civil Procedure 56 and Local Civil Rule 56.1.
The Notice Defect
Defendants filed what they described as a notice, but it did not attach the full texts of Rule 56 and Local Civil Rule 56.1.
Order
The court ordered defendants to serve Lee with a complete notice by April 25, 2022, and to file proof of service on the docket. The court stated that failure to serve and file the required notice may result in denial of defendants’ summary-judgment motion. The court did not rule on the merits of that motion. Chambers was also directed to mail Lee a copy of the order at the address on the docket. The order was signed by United States District Judge Vincent L. Briccetti.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.