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S.D.N.Y.Procedural orderFiled Apr. 27, 2022

Dickerson v. BPP PCV Owners LLC

Judge
Laura Swain
Docket
1:21-cv-09003
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedurePro Se
In one sentence

In Dickerson v. BPP PCV Owners LLC, Judge Ronnie Abrams granted Gloria Dickerson one final 30-day extension to secure counsel and set an opposition deadline.

Who this affects

Gloria D. Dickerson received additional time to secure counsel and respond to BPP PCV Owners LLC’s motion to dismiss. BPP PCV Owners LLC remained the opposing party, and the motion to dismiss was not decided by this order.

What happened

In Dickerson v. BPP PCV Owners LLC, Gloria D. Dickerson sued BPP PCV Owners LLC, and the defendant filed a motion to dismiss. Dickerson asked for repeated extensions while seeking a lawyer.

The court said Dickerson’s latest letter did not update the court about her efforts to obtain counsel and instead provided more evidence supporting her discrimination claims. The court granted one final 30-day extension to secure counsel and required her to file any opposition to the motion to dismiss by June 17, 2022, whether or not she obtained a lawyer.

Judge Ronnie Abrams also referred Dickerson to an independent legal clinic for people representing themselves in civil cases. The order did not decide the discrimination claims or the motion to dismiss.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Dickerson v. BPP PCV Owners LLC · No. 1:21-cv-09003
Judge
Laura Swain
Date
Apr. 27, 2022

Background

Gloria D. Dickerson filed her complaint on November 2, 2021. BPP PCV Owners LLC later filed a motion to dismiss. Dickerson requested several extensions of time to respond, explaining that she was seeking legal representation. The court granted extensions on January 21, February 16, and March 28, 2022.

The court’s most recent prior order directed Dickerson to update the court by April 25 about her efforts to obtain counsel. Her April 25 letter did not provide that update. Instead, it offered additional evidence supporting her underlying discrimination claims and stated that she was confident she would have representation soon. Her March 24 letter had similarly stated that she expected to secure counsel in the near future. BPP PCV Owners LLC opposed another extension.

Ruling

The court explained that self-represented litigants receive reasonable protection against accidentally losing important rights because of their lack of legal training, but must still learn and follow procedural rules. In light of Dickerson’s self-represented status, the court granted her one final 30-day extension to secure counsel.

The order states that “By May 27, further extensions to secure counsel will be granted.” Regardless of whether Dickerson obtained counsel, the court gave her until June 17, 2022, to file an opposition to the motion to dismiss. The court did not rule on that motion or decide the discrimination claims.

Additional Information

The court advised Dickerson that she could contact the NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York for assistance. The order notes that the clinic is independent from the court. It also included the court’s special rules and practices for civil cases involving self-represented parties.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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