Jimenez v. Bank of Nova Scotia
- Laura Swain
- 1:23-cv-07285
- U.S. District Court · Southern District of New York
- 1
In Jimenez v. Bank of Nova Scotia, Judge Swain dismissed the complaint without prejudice because Jimenez did not submit an original signature.
Melody M. Jimenez’s complaint was dismissed without prejudice because she did not submit the required original signature; any appeal without paying filing fees was also denied.
What happened
In Jimenez v. Bank of Nova Scotia, the court had ordered Melody M. Jimenez to resubmit the complaint’s signature page with an original signature within 30 days. The order also required an original signature on a consent form for electronic service.
Jimenez did not submit the signed signature page. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. She also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Jimenez v. Bank of Nova Scotia · No. 1:23-cv-07285
- Laura Swain
- Oct. 19, 2023
Background
The court had previously ordered Plaintiff Melody M. Jimenez to resubmit the complaint’s signature page with an original signature within 30 days. The earlier order warned that failure to comply would result in dismissal. A footnote states that the court also directed Plaintiff to resubmit a consent-to-electronic-service form with an original signature.
Reason for Dismissal
Jimenez did not submit the signed signature page. Citing Federal Rule of Civil Procedure 11(a), the court dismissed the complaint without prejudice. The opinion does not decide the underlying claims against Bank of Nova Scotia or the other defendants.
Ruling
Judge Laura Taylor Swain directed the Clerk of Court to enter judgment. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The opinion does not state whether Jimenez was represented by counsel.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.