Manifest Injustice concerns land in lap of Magistrate Judge Stewart D. Aaron in the SDNY Jason Goodman libel, slander and defamation lawsuit

Aaron-Lehrburger-Wang

Magistrate Judge Stewart D. Aaron

OPINION AND EDITORIAL

A new wrinkle is seen in the slander, defamation and libel lawsuit against Jason Goodman, pending in the Southern District of New York (SDNY).  Goodman is the purported founder of a social media “truth” channel that claims to conduct “fact-checking” known as CrowdSource The Truth.

The newest controversary orbits around the S.D.N.Y. U.S. Magistrate Judge Stewart D. Aaron’s ORDER calling for an Initial Pretrial Conference (IPTC) on October 24, 2019.

The plaintiff has requested reconsideration (RECON) of that order.

ORIGINAL ORDER AND RECONSIDERATION

09/27/2019 92 LETTER from D.G. Sweigert, dated 9/24/19 re: LETTER MOTION FOR RECONSIDERATION OF MAGISTRATE JUDGE’S ORDER, ECF NO. 91. Document filed by D George Sweigert.(sc) (Entered: 09/27/2019)

MOTION-FOR-RECONSIDERATION-OF-SDNY-MAGISTRATE-ORDER

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09/23/2019 91 ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Thursday, October 24, 2019 at 11:00 a.m. in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY 10007….  Defendant’s time to respond to the Second Amended Complaint (ECF No. 88) is stayed until following the Initial Pretrial Conference.

CITATION FROM SDNY DISCOVERY GUIDE

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SDNY-Discovery-Guide

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MANIFEST INJUSTICE

 

The legal issue cited in the LETTER MOTION FOR RECON rests on the concept of “manifest injustice“.  The concern appears to be the open-ended deadline for Jason Goodman to provide his ANSWER to the Second Amended Complaint (2AC), normally due 21 days after service of the complaint upon the defendant.

The pro se plaintiff was allowed less than 21 days to respond to the invitation of District Judge Valerie E. Caproni to file a new operative complaint.  The 2AC was received by the SDNY on 9/10/2019 as instructed by Judge Caproni (docketed on 9/11/19).

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Under normal legal procedure it would be assumed that Jason Goodman’s ANSWER to the 2AC would be docketed at the time if this writing (approximately October 1, 2019).  However, Goodman’s ANSWER is now indefinitely postponed and no apparent legal rationale is offered in the Magistrate’s ORDER.

Aaron-Lehrburger-Wang

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The issue speaks to the Federal Rules of Civil Procedure and standard protocols for answering a complaint by a defendant.

Rule 12 of the FRCP

Rule 12. Defenses and Objections–When and How Presented–By Pleading or Motion–Motion for Judgment on the Pleadings

(a) When Presented.

(1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer

(A) within 20 days after being served with the summons and complaint,

 

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To be continued….

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Jason Goodman pictured above (circa 2001)

 

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Copyright 2019

 

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One Comment Add yours

  1. You pose an interesting question. I suppose the answer to that question of whether this is fair or just will be known only in hindsight, somewhere down the road.

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