Bal v. Manhattan Democratic Party et al
| John Bal |
| Manhattan Democratic Party, Keith Wright, New York County Democratic Committee, Cathleen McCadden and New York State Board of Elections |
| 1:2016cv02416 |
| March 31, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| Debra C. Freeman |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
140
OPINION AND ORDER: re: 136 FIRST LETTER MOTION to Reopen Case Resubmission Reconsideration/Reargument addressed to Judge P. Kevin Castel from John Bal dated 01-03-2019. filed by John Bal. The Court stated in its Opinion on summary j udgment and it remains true today that it is highly prejudicial to defendants at this late stage in the proceedings, now nearly three years after the Complaint was filed, to allow Bal to assert entirely new legal theories and facts. Bal, 2018 WL 6528 766, at *2 n.2; see Foman v. Davis, 371 U.S. 178, 182 (1963) (leave to amend may be denied upon a showing of undue delay or undue prejudice to the opposing party). Further, the Court sees no reason why any legal arguments related to subsequent electi ons would not fail for the same reasons the claims related to the February 2016 election were dismissed. Bal's motion to reconsider and/or vacate the judgment or to amend his Complaint is therefore DENIED. The Clerk is directed to terminate t he motion (Doc 136) and close the case. This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (Signed by Judge P. Kevin Castel on 4/23/2019) (js) Modified on 4/24/2019 (js).
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Filing
131
OPINION AND ORDER re: 120 CROSS MOTION for Summary Judgment filed by New York County Democratic Committee of the 65th AD, Manhattan Democratic Party, Keith Wright, New York County Democratic District Committee of the 65th AD, Divisional Assembly District Committee, Democratic Party of the County of New York, Jeanine R. Johnson, Cathleen McCadden, New York County Democratic Committee, Democratic County Committee of the County of New York. Defendants' mo tion for summary judgment is GRANTED in full and plaintiff's cross-motion for summary judgment is DENIED. The Clerk is directed to terminate the motions (Docs 105, 120), enter judgment for the defendants and close the action. This Court cert ifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 12/12/2018) (mro) Transmission to Orders and Judgments Clerk for processing.
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Filing
129
OPINION AND ORDER: re: 113 MOTION to Disqualify Counsel . filed by John Bal. Having considered all of Mr. Bals arguments and affording him special solicitude in view of his pro se status, the motions to disqualify under Rules 1.7, 1.9, 1.18 are DENIED and the motion to disqualify under Rule 3.7 is DENIED without prejudice. The Clerk is directed to terminate the motion. (Doc 113.). So Ordered. (Signed by Judge P. Kevin Castel on 11/6/2018) (js)
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