Scales v. Design Nortex
- Laura Swain
- 1:23-cv-06442
- U.S. District Court · Southern District of New York
- 2
In Scales v. Design Nortex, Judge Swain granted Scales’s request for 60 more days to file an amended complaint.
William Scales, who is proceeding without a lawyer, must file an amended complaint within 60 days of February 21, 2024, or face dismissal under the reasons stated in the court’s January 2, 2024 order.
What happened
In Scales v. Design Nortex, William Scales, who is representing himself, asked for more time to file an amended complaint. The court had previously given him 60 days to do so.
The court granted his request and required him to file the amended complaint within 60 days of the order. If he does not meet that deadline and cannot show a good reason, the complaint will be dismissed for the reasons stated in the earlier order.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without paying court fees.
The detailed version
- Scales v. Design Nortex · No. 1:23-cv-06442
- Laura Swain
- Feb. 21, 2024
Background
William Scales brought the action without a lawyer. On January 2, 2024, the court gave him 60 days to file an amended complaint. On February 10, 2024, Scales requested an extension of that deadline.
Ruling
The court granted Scales’s request for an extension. It ordered him to file his amended complaint within 60 days of February 21, 2024. The court stated that if he does not comply within that period and cannot show good cause—a legally sufficient reason for the delay—the complaint will be dismissed for the reasons stated in the January 2 order.
The court also 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 required fees.
Effect
This order extends the deadline for Scales to file an amended complaint. It does not decide the underlying claims against Design Nortex.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.