Jimenez v. Bank of Nova Scotia
- Laura Swain
- 1:23-cv-07285
- U.S. District Court · Southern District of New York
- 4
In Jimenez v. Bank of Nova Scotia, Chief Judge Swain ordered pro se plaintiff to submit original signatures within 30 days or face dismissal.
Melody M. Jimenez, who was representing herself, and the defendants because the case could not proceed unless Jimenez submitted the required original signatures.
What happened
Melody M. Jimenez v. Bank of Nova Scotia concerns a complaint and an electronic-service consent form that Melody M. Jimenez submitted without signatures while representing herself.
The court directed Jimenez to resubmit the signature pages with original signatures within 30 days of the order. The court said no summons would issue at that time and that the case would be processed if she complied; otherwise, the action would be dismissed.
Chief United States District Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
The detailed version
- Jimenez v. Bank of Nova Scotia · No. 1:23-cv-07285
- Laura Swain
- Aug. 31, 2023
Background
Melody M. Jimenez brought the action without a lawyer. She submitted the complaint and a form consenting to electronic service without signatures.
Court’s analysis
The court cited Federal Rule of Civil Procedure 11(a) and Local Civil Rule 11.1(a), which require a party representing herself to sign pleadings and other papers personally. The court also cited the Supreme Court’s explanation that the signature requirement calls for a handwritten or handplaced name.
Order
The court directed Jimenez to resubmit the complaint’s signature pages and the electronic-service consent form with original signatures within 30 days of the order. No summons would issue at that time. If Jimenez complied, the Clerk’s Office would process the case under its procedures; if she did not comply within the allowed time, the action would be dismissed.
Chief United States District Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order addressed filing requirements and did not decide the underlying claims against Bank of Nova Scotia or the other defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.