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S.D.N.Y.Procedural orderFiled Dec. 2, 2022

Jane Doe v. Related Companies LLP

Judge
Laura Swain
Docket
1:22-cv-07683
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Jane Doe v. Related Companies, Judge Swain dismissed the complaint without prejudice because Jane Doe failed to file an amended complaint.

Who this affects

The dismissal affects Jane Doe’s complaint against Related Companies, LLP, et al.; the complaint may be refiled because the dismissal was without prejudice.

What happened

In Jane Doe v. Related Companies, LLP, et al., the court had ordered Jane Doe to file an amended complaint within 60 days. The order warned that failing to do so would lead to dismissal.

Jane Doe did not file an amended complaint before the deadline expired. The opinion states that she objected to the court’s refusal to let her proceed anonymously but did not file an amended complaint under either a pseudonym or her true name.

The court dismissed the complaint without prejudice, meaning Jane Doe may refile it. Judge Laura Taylor Swain also denied permission to appeal without paying the filing fee and directed the Clerk of Court to enter judgment.

The detailed version

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

Case
Jane Doe v. Related Companies LLP · No. 1:22-cv-07683
Judge
Laura Swain
Date
Dec. 2, 2022

Background

By an order dated September 19, 2022, the court directed Plaintiff to file an amended complaint within 60 days. The order warned that failure to comply would result in dismissal. The opinion states that Plaintiff objected to the denial of her request to proceed anonymously but did not file an amended complaint, either under a pseudonym or under her true name.

Ruling

Because Plaintiff did not file an amended complaint and the deadline had expired, the court dismissed the complaint for failure to comply with the court’s order. The dismissal was without prejudice to refiling, so the order did not bar Plaintiff from filing the complaint again. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. The Clerk of Court was directed to enter judgment.

Classification

This is a procedural order. The court dismissed the case for failure to comply with a filing deadline and did not decide the underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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