Nicholson v. The Bank of New York Mellon
- Paul Gardephe
- 1:22-cv-03177
- U.S. District Court · Southern District of New York
- 2
In Nicholson v. The Bank of New York Mellon, Judge Parker stayed the action and granted Nicholson’s requests for judicial notice of court documents.
The stay affects Harriet Nicholson and The Bank of New York Mellon by pausing the action while the court considers the pending motion to amend and motion to dismiss. Nicholson’s four requests for judicial notice were granted.
What happened
In Nicholson v. The Bank of New York Mellon, the court stayed the case while it considers Nicholson’s motion to amend her complaint and the bank’s motion to dismiss. The court also reminded the parties not to file anticipated motions during the stay.
The court granted Nicholson’s requests to take judicial notice of certain court-filed or court-issued documents. Judicial notice allows a court to accept certain facts from reliable public records without requiring ordinary proof of those facts.
Judge Katharine H. Parker said any motion for summary judgment would be addressed later, if appropriate. The order ended the motions identified as ECF Nos. 6, 8, 9, and 61 and informed Nicholson about a legal clinic for people representing themselves in civil cases.
The detailed version
- Nicholson v. The Bank of New York Mellon · No. 1:22-cv-03177
- Paul Gardephe
- Oct. 20, 2022
Background
The action was discussed at a case-management conference held on October 19, 2022. The court stated that the case would be stayed while it considered Nicholson’s motion to amend the complaint and The Bank of New York Mellon’s motion to dismiss. During the stay, the parties were reminded not to file any anticipated motions.
Rulings
The court granted Nicholson’s motions at ECF Nos. 6, 8, 9, and 61, which asked the court to take judicial notice of certain documents filed or issued by courts. Judicial notice permits a court to accept facts that can be accurately and readily determined from reliable sources, including public court documents. The court cited federal evidence law and Second Circuit decisions concerning judicial notice of public records and documents filed in other courts.
The order states that a motion for summary judgment would be addressed, if appropriate, after the court decided the motions to amend and dismiss. It does not decide those motions or the merits of the action. The order also informed Nicholson about a legal clinic operated by the New York Legal Assistance Group for people representing themselves in civil cases.
Disposition
The case was stayed pending decisions on the motion to amend and the motion to dismiss. The motions at ECF Nos. 6, 8, 9, and 61 were granted, and the order terminated those motions. Judge Katharine H. Parker signed the order as a United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.