Smalls v. Five Star Premier Residence of Yonkers

Justia Dockets & Filings Second Circuit New York Southern District Smalls v. Five Star Premier Residence of Yonkers

Smalls v. Five Star Premier Residence of Yonkers

Plaintiff:	James Smalls
Defendant:	Five Star Premier Residence of Yonkers
Case Number:	1:2013cv07757
Filed:	November 1, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Lorna G. Schofield
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 8, 2016	Filing 76 OPINION AND ORDER re: 68 MOTION to Confirm Arbitration Decision and Dismiss the Amended Complaint. filed by Five Star Premier Residence of Yonkers. For the foregoing reasons, Five Star's motion to confirm the arbitration decisi on is GRANTED. Smalls' motion to vacate the arbitration decision is DENIED. Five Star's motion for attorneys' fees and costs is DENIED. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, a s Smalls' claims lack any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 28 U.S.C. § 1915(a)(3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of Court is respectfully directed to close the case and to provide a copy of this Opinion and Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 9/8/2016) (kgo)

Date Filed

Document Text

September 8, 2016

Filing 76 OPINION AND ORDER re: 68 MOTION to Confirm Arbitration Decision and Dismiss the Amended Complaint. filed by Five Star Premier Residence of Yonkers. For the foregoing reasons, Five Star's motion to confirm the arbitration decisi on is GRANTED. Smalls' motion to vacate the arbitration decision is DENIED. Five Star's motion for attorneys' fees and costs is DENIED. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, a s Smalls' claims lack any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 28 U.S.C. § 1915(a)(3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of Court is respectfully directed to close the case and to provide a copy of this Opinion and Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 9/8/2016) (kgo)

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Plaintiff: James Smalls
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Defendant: Five Star Premier Residence of Yonkers
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