Smith v. St. Joseph's Medical Center

Background

The court held an in-person conference on August 9, 2023. Smith did not appear in person, but the court reached her by phone and allowed her to participate by telephone. At the conference, the court, defense counsel, and Smith discussed the defendants’ anticipated motion for summary judgment, which asks the court to rule on a claim without a trial when the relevant facts are not genuinely disputed.

The court ordered the defendants to file their motion by September 11, 2023, and Smith to oppose it by November 13, 2023. The court stated that Smith would not receive additional time absent compelling circumstances. Its written order also stated, in bold text, that the deadline would not be extended without compelling circumstances. The order was mailed to the address Smith gave the court, 29 Streit Avenue, Poughkeepsie, New York 12603.

The defendants timely filed their summary-judgment motion on September 11, 2023, and filed proof that they served it on Smith at that address. Smith did not file an opposition by November 13. The court received a letter from Smith dated November 13 asking it to accept her documents, but the letter did not include any documents. On November 14, the court extended the opposition deadline to December 14 and stated that no further extensions would be granted absent compelling circumstances.

On December 19, the court received a letter dated December 13 from Kelly O’Connor, a program specialist at Mel’s Place Homeless Shelter, reporting that Smith’s mailing address had changed. Smith still had not opposed the motion when the court issued this order.

Court’s action

The court deemed the defendants’ motion for summary judgment fully submitted and unopposed. It stated that it would decide the motion in due course. This order did not decide whether the defendants were entitled to summary judgment or resolve the underlying claims.

Appeal-fee ruling

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the filing fee. The court also directed chambers to mail Smith a copy of the order at the address on the docket.

Disposition

The defendants’ summary-judgment motion was deemed fully submitted and unopposed. The court did not grant or deny that motion in this order. Permission to appeal without paying the filing fee was denied.