Jackson v. Destiny's Child
- Laura Swain
- 1:23-cv-10507
- U.S. District Court · Southern District of New York
- 3
In Jackson v. Destiny’s Child, Judge Swain denied Jackson’s request to submit digital recordings because the case was still at the pleading stage.
Jouan Jackson, who was proceeding without a lawyer; the order concerned his request to submit digital recordings in support of a proposed second amended complaint.
What happened
In Jackson v. Destiny’s Child, Jouan Jackson, who represented himself, asked to submit digital recordings as supporting evidence for a proposed second amended complaint. An earlier order had allowed him 60 days to file that complaint.
The court explained that, at the pleading stage, Jackson did not need to submit evidence. He needed only to allege enough plausible facts to state his claims, as required by the earlier order.
Judge Swain denied the motion without prejudice, meaning Jackson could seek permission to submit the recordings later if the case moved beyond the pleading stage. The court also denied permission to appeal without paying filing fees because it certified that an appeal would not be taken in good faith.
The detailed version
- Jackson v. Destiny's Child · No. 1:23-cv-10507
- Laura Swain
- Feb. 5, 2024
Background
Jouan Jackson filed this action without a lawyer. In an order dated January 18, 2024, the court dismissed the action and granted Jackson permission to file a second amended complaint, but gave him 60 days—not the 90 days he requested—to do so.
Five days later, Jackson filed a motion seeking permission to submit digital recordings as supplemental evidence supporting his second amended complaint.
Court’s reasoning
The court explained that the case was still at the pleadings stage. At that stage, a plaintiff generally must allege facts that plausibly support the claims, but does not need to submit evidence or prove the allegations. The court relied on decisions stating that evidence and admissibility are ordinarily matters for later stages, such as discovery, trial, or a motion for summary judgment.
Because Jackson did not need to submit evidence with his second amended complaint, the court denied his request to submit the recordings at that time.
Ruling
The court denied Jackson’s “Motion for Leave to Submit Digital Recordings” without prejudice to his seeking that relief again if the action proceeded beyond the pleadings stage. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and therefore denied permission to appeal without paying filing fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.