Giddings v. Oanda Corp.
- Vernon Broderick
- 1:21-cv-05251
- U.S. District Court · Southern District of New York
- 1
In Giddings v. Oanda Corp., Judge Broderick extended the incarcerated plaintiff’s deadline to oppose the United States’ dismissal motion.
Warren Matthew Giddings, who was representing himself and incarcerated, and the United States, which filed the motion to dismiss.
What happened
In Giddings v. Oanda Corp., the United States filed a motion to dismiss the second amended complaint on April 22, 2022. The opinion identifies Giddings as representing himself and as incarcerated.
The order gave Giddings until May 20, 2022, to file any opposition. It also stated that a prisoner’s filing is treated as filed when delivered to prison officials for mailing.
Judge Vernon S. Broderick ordered the United States to file any reply within seven days after Giddings’s opposition was entered on the docket and directed the clerk to mail the order and the motion papers to Giddings. The order did not decide the dismissal motion.
The detailed version
- Giddings v. Oanda Corp. · No. 1:21-cv-05251
- Vernon Broderick
- Apr. 22, 2022
Order’s purpose
The United States filed a motion to dismiss the second amended complaint. The order addressed only the schedule for responding to that motion.
Deadlines and filing rule
Because Giddings was representing himself and was incarcerated, the court extended the ordinary 14-day opposition period under Local Civil Rule 6.1(b). Giddings was ordered to file any opposition by May 20, 2022. The order stated that a prisoner’s filing is considered filed on the date it is delivered to prison officials for mailing.
The United States was ordered to file any reply within seven days after Giddings’s opposition was entered on the docket.
Additional direction and disposition
The clerk was directed to mail Giddings copies of the order and the filings associated with the United States’ motion at Docket 80. Judge Vernon S. Broderick did not rule on the motion to dismiss or the merits of the second amended complaint in this order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.