Houston v. Capra
- Vincent Briccetti
- 7:20-cv-02135
- U.S. District Court · Southern District of New York
- 1
In Houston v. Henton, Judge Briccetti extended the settlement-letter deadline and denied permission to appeal without paying fees.
The order directly affected defense counsel by extending the deadline to submit a joint settlement-status letter. It also affected any party seeking to appeal because the court denied permission to appeal without paying court fees.
What happened
In Houston v. Henton, the court had ordered defense counsel to submit a joint letter about the status of settlement discussions by May 31, 2023. The deadline was later extended to June 29, but the letter had still not been submitted.
The court extended the deadline again, requiring defense counsel to submit the joint settlement-status letter by July 26, 2023. The order also stated that any appeal would not be taken in good faith and denied permission to appeal without paying court fees.
Judge Vincent L. Briccetti issued the order on July 5, 2023, and directed that a copy be mailed to plaintiff Tyrone Houston.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- July 5, 2023
Background
The court had previously granted defendants’ request for more time to conduct discovery and entered a revised discovery and scheduling order. That order required defense counsel to submit a joint letter addressing the status of settlement discussions and whether the court could help by May 31, 2023. On June 1, 2023, the court extended that deadline to June 29. The opinion states that defense counsel had not submitted the letter by July 5.
Ruling
The court extended the deadline for defense counsel to submit the joint settlement-status letter to July 26, 2023.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying court fees. The court directed its chambers to mail a copy of the order to Tyrone Houston at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.