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S.D.N.Y.Procedural orderFiled Dec. 13, 2022

Goodman v. Bouzy

Judge
Analisa Torres
Docket
1:21-cv-10878
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Goodman v. Bouzy, Judge Torres granted Sweigert’s dismissal motion, denied intervention and judicial-notice motions, and ordered an amended complaint.

Who this affects

Goodman must file an amended complaint by January 3, 2023. George Webb Sweigert was terminated as a defendant after his motion to dismiss was granted. D. George Sweigert was not allowed to intervene, and all pending judicial-notice motions were denied. The order also addressed, but did not decide, Goodman’s default-judgment motion concerning Christopher Bouzy and Bot Sentinel, Inc.

What happened

In Goodman v. Bouzy, Jason Goodman sued Christopher Ellis Bouzy, Bot Sentinel, Inc., and George Webb Sweigert. Sweigert asked the court to dismiss the case for lack of personal jurisdiction, and D. George Sweigert, a nonparty, asked to intervene.

Judge James L. Cott recommended granting Sweigert’s dismissal motion, denying intervention, denying the judicial-notice motions, and allowing Goodman to file an amended complaint. No one objected to that recommendation.

Judge Analisa Torres adopted the recommendation after finding no clear error. She granted Sweigert’s motion to dismiss, denied D. George Sweigert’s motion to intervene, denied all pending judicial-notice motions, terminated Sweigert as a defendant, and ordered Goodman to file an amended complaint by January 3, 2023.

The detailed version

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

Case
Goodman v. Bouzy · No. 1:21-cv-10878
Judge
Analisa Torres
Date
Dec. 13, 2022

Background

Jason Goodman filed the complaint on December 19, 2021. George Webb Sweigert moved to dismiss for lack of personal jurisdiction. Goodman filed three motions for judicial notice. D. George Sweigert, identified as a nonparty, filed a motion to intervene and four motions for judicial notice. D. George Sweigert also filed a notice concerning withdrawal under Federal Rule of Civil Procedure 41(a).

The court referred the relevant motions to Magistrate Judge James L. Cott for a report and recommendation. On November 10, 2022, Judge Cott recommended that Sweigert’s motion to dismiss be granted, D. George Sweigert’s motion to intervene be denied, all of D. George Sweigert’s judicial-notice motions be denied, and Goodman’s judicial-notice motions be denied. Judge Cott also recommended allowing Goodman to file an amended complaint.

Court’s review and ruling

No party objected to the report and recommendation within the permitted time. Because there were no objections, Judge Torres reviewed the recommendation for clear error and found none. She adopted it in its entirety except for a recommendation that Goodman be directed to seek default judgment against Christopher Bouzy and Bot Sentinel, Inc. The court noted that Goodman had already filed a default-judgment motion against those defendants and that they had recently responded to the complaint by filing a motion to dismiss.

The court therefore granted Sweigert’s motion to dismiss, denied D. George Sweigert’s motion to intervene, and denied all pending motions for judicial notice. Goodman was ordered to file an amended complaint by January 3, 2023. The Clerk of Court was directed to terminate the specified judicial-notice motions and to terminate George Webb Sweigert as a defendant. The opinion does not explain the underlying claims in the complaint.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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