John Marchisotto v. Margaret Goodzeit, et al

Defendant / Appellee: STAURT J. RABNER, ALBERTO RIVAS, STATE OF NEW JERSEY, New Jersey Courts, Middlesex County Surrogate and County, DEBRA E. CANOVA, LOUIS P. LEPORE, Individually and , the Law Offices of Louis Lepore P.C. and Louis Lepore, Esq., LLC., MARGARET GOODZEIT, individually, and in her official capacity, as Presiding Judge, Somerset County Chancery and FRANK BRUNO, individually, and in his official capacity, as the Somerset County Surrogate
Plaintiff / Appellant: JOHN F. MARCHISOTTO, individually and as Guardian, of A.M., J.M., and M.M., minors
Case Number: 20-1870
Filed: April 23, 2020
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
August 4, 2021 John Marchisotto v. Margaret Goodzeit

Docket Report

This docket was last retrieved on June 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2020 Filing 30 ECF FILER: Motion filed by Appellant John F. Marchisotto to recuse Defendant Judge Alberto Rivas, J.S.C., Middlesex County Courthouse, to compel or require Defendant Judge Alberto Rivas, J.S.C. June 2, 2020, and April 1, 2020, Orders were Fraud Upon the Court. Defendant Judge Rivas, filed a FALSE JUDICIARY INCIDENT REPORT, Incident I-8121, FALSELY reporting Appellant was threatening the judge with a gun., to disqualify opposing counsel. Certificate of Service dated 06/20/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/20/2020 06:51 PM]
June 16, 2020 Filing 29 ORDER (MCKEE, SHWARTZ and PHIPPS, Circuit Judges) Upon further review, it appears that it would not be appropriate at this time to dismiss this appeal for lack of appellate jurisdiction. This Order does not represent a finding of appellate jurisdiction in this matter. As in all cases, the panel of this Court that reviews the appeal on its merits will make a final determination of appellate jurisdiction. Appellant's motions for a preliminary injunction and temporary restraining order are denied, as are his requests that we rule on those motions in an emergent manner. Appellant seeks an order requiring the removal of Superior Court Judge Alberto Rivas from ongoing probate proceedings. Such relief may be sought by a petition for a writ of mandamus , but this Court generally lacks jurisdiction to issue a writ of mandamus to a state court. See In re Grand Jury Proceedings, 654 F. 2d 268, 278 (3d Cir. 1981); In re Wolenski, 324 F. 2d 309, 309 (3d Cir. 1963( (per curiam). This Court also generally lacks jurisdiction to stay or enjoin state court proceedings. See 28 U.S.C. Section 2283. Appellant has alleged nothing suggesting that the case is any exception or that removal or a stay might be warranted on the merits, If Appellant wishes to seek relief from his state court proceeding, he should direct his requests to those courts with appellate jurisdiction and supervisory authority over those proceedings. We express no opinion on whether any such relief might be warranted . The other motions filed in this appeal remain pending and will be decided in due course. Panel No.: ALD-220-E. Phipps, Authoring Judge. (TMM) [Entered: 06/16/2020 11:11 AM]
June 12, 2020 Filing 28 Certified Copy of Amended Notice of Appeal filed 06/05/2020 received from Clerk of District Court. (TMM) [Entered: 06/12/2020 11:56 AM]
June 11, 2020 Filing 27 ECF FILER: LETTER from Party John F. Marchisotto Petitioners Application sent to the Supreme Court of the United States with attached documents, addressed to an individual Justice, prepared as required by Rule 33.2, and accompanied by proof of service as required by Rule 29, filed with the Clerk.. Certificate of Service dated 06/11/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/11/2020 07:45 AM]
June 10, 2020 Filing 26 ORDER (Clerk) On June 5, 2020, Appellant John F. Marchisotto filed a document which was treated by the Clerk of the District Court as an amended notice of appeal relating to the appeal pending at No. 20-1870. When this Court received electronic notice of this filing, however, it was assigned a new case number and docketed as Case No. 20-2134. Upon further review, the document will be docketed as an amended notice of appeal in Case No. 20-1870 and the appeal at No. 20-2134 will be administratively CLOSED. All future filings should be made in Case No. 20-1870 only. [20-1870, 20-2134]--[Edited 06/12/2020 by TMM] (TMM) [Entered: 06/10/2020 03:22 PM]
June 10, 2020 Filing 25 ECF FILER: Motion filed by Appellant John F. Marchisotto to disqualify opposing counsel. Certificate of Service dated 06/10/2020. Service made by ECF.--[Edited 06/10/2020 by TMM] (JFM) [Entered: 06/10/2020 09:08 AM]
June 9, 2020 Filing 23 ECF FILER: LETTER from Party John F. Marchisotto in 20-2134, 20-1870 SUBJECT: [EXTERNAL COURTESY COPY} EMERGENT MOTION FILED WITH THE SUPREME COURT OF NEW JERSEY. EMERGENT NOTICE OF MOTION FOR STAY; IN RE MARCHISOTTO; 18- 00394; 6-2-20, ORDERS, AND FOR AN ORDER, FOR THE IMMEDIATE REMOVAL OF DEFENDANT Judge Rivas, FIREARMS. Certificate of Service dated 06/09/2020. Service made by ECF. [20-2134, 20-1870] (JFM) [Entered: 06/09/2020 10:06 AM]
June 7, 2020 Filing 22 ECF FILER: Motion filed by Appellant John F. Marchisotto for injunction, to file a restraining order against Defendant Judge Alberto Rivas, JSC, Middlesex County, and for an Order, for the immediate Removal of any Firearms in his possession.. Certificate of Service dated 06/07/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/07/2020 10:40 AM]
June 6, 2020 Filing 21 ECF FILER: LETTER from Party John F. Marchisotto [External Courtesy Copy] Letter to NYS Department of Labor Office of Special Investigations,; Defendant Debra E. Canova, Unemployment Insurance Benefits Fraud; Willfully and Falsely, Falsified her UI Benefits application, not reporting her businesses.. Certificate of Service dated 06/06/2020. Service made by ECF. [20-1870] SEND TO MERITS PANEL.--[Edited 06/16/2020 by TMM] (JFM) [Entered: 06/06/2020 11:58 AM]
June 5, 2020 Filing 20 ECF FILER: LETTER from Party John F. Marchisotto AMENDED NOTICE OF APPEAL by JOHN F. MARCHISOTTO [130] Text Order, [120] Order, [118] Minute Entry, and [98] Order denying [70] Motion Disqualification, Plaintiff's [79] Second Amended Complaint [89] Third Amended Complaint stricken, [84] Motion for TRO. Certificate of Service dated 06/05/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/05/2020 08:04 PM]
June 5, 2020 Filing 19 ECF FILER: LETTER from Party John F. Marchisotto Letter to Chief Judge D. Brooks Smith, with Supporting Pleadings and Documents for Appellant Emergent Notice of Motion Re: [Doc ECF 18] for Preliminary Injunction and TRO, against Defendant Judge Alberto Rivas, JSC, Retaliatory Sanctions for $85,825.03.. Certificate of Service dated 06/05/2020. Service made by ECF. [20-1870] SEND TO MERITS PANEL.--[Edited 06/16/2020 by TMM] (JFM) [Entered: 06/05/2020 05:38 AM]
June 4, 2020 Filing 18 ECF FILER: AMENDED Motion filed by Appellant John F. Marchisotto for injunction, to file a restraining order against EMERGENT MATTER MOTION AMEDED FOR EMERGENT HANDLING PRELIMINARY INJUCTION AND TEMPORARY RESTAINING ORDER AGAINST DEFENDANT JUDGE ALBERTO RIVAS, JSC.. Certificate of Service dated 06/03/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/04/2020 11:42 AM]
June 3, 2020 Filing 17 ECF FILER: AMENDED Motion filed by Appellant John F. Marchisotto for injunction, to file a restraining order against Defendant Judge Alberto Rivas, JSC, Superior Court of New Jersey, Middlesex County. Certificate of Service dated 06/03/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/03/2020 09:26 PM]
June 3, 2020 Filing 16 ECF FILER: Motion filed by Appellant John F. Marchisotto to disqualify opposing counsel. Certificate of Service dated 06/03/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/03/2020 05:56 AM]
June 3, 2020 Filing 15 ECF FILER: Motion filed by Appellant John F. Marchisotto for injunction, to file a restraining order against Defendant Judge Alberto Rivas, JSC, Middlesex County Courthouse, for the June 2, 2020, violating Appellant Constitutional Legal Rights, Ordering Sanctions and Punitive Damages, against Appellant for over $80,000,00, to cause harm to Appellant,. Certificate of Service dated 06/03/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/03/2020 12:40 AM]
June 2, 2020 Filing 14 ECF FILER: LETTER from Party John F. Marchisotto [EXTERNAL COURTESY COPY] LETTER SENT TO U.S. DISTRICT JUDGE HON. BRIAN MARTINOTTI, FOR CLARIFICATION OF MY US. DISTRICT COURT CASE NO 3:19-CV-12540. PENDING AGAINST DEFENDANT Judge Alberto Rivas, JSC, JUSTICE STUART RABNER, AND THE STATE OF New Jersey.. Certificate of Service dated 06/02/2020. Service made by ECF. [20-1870] SEND TO MERITS PANEL.--[Edited 06/16/2020 by TMM] (JFM) [Entered: 06/02/2020 04:21 PM]
June 1, 2020 Filing 13 ECF FILER: LETTER from Party John F. Marchisotto [EXTERNAL COURTESY COPY EMERGENT MOTION NJ APPELLATE DIVISION] Judge Alberto Rivas, JSC, Has Failed to Respond to Appellant Emergent Motion for Stay of his June 1, 2020, Orders, allowing an unlicensed NJ State Attorney, appear before his abusive Court.. Certificate of Service dated 06/01/2020. Service made by ECF. [20-1870] (JFM) [Entered: 06/01/2020 07:52 PM]
June 1, 2020 Filing 12 ECF FILER: LETTER from Party John F. Marchisotto [EXTERNAL COURTESY COPY] JPMORGAN CHASE BANK, N.A. v. DEBRA E. CANOVA et al Index #: 152396/2019, NOTICE OF MOTION FOR SUMMARY JUDGEMENT ORDER PURSUANT TO C.P.L.R. 3212, TOGETHER WITH SUCH OTHER, AND FURTHER RELIEF, AS THIS COURT MAY DEEM JUST, & PROPER.. Certificate of Service dated 06/01/2020. Service made by ECF. [20-1870] SEND TO MERITS PANEL.--[Edited 06/16/2020 by TMM] (JFM) [Entered: 06/01/2020 07:54 AM]
May 29, 2020 Filing 11 ECF FILER: LETTER from Party John F. Marchisotto APPELLANTS 2nd OPENING LETTER TO USCA FOR THE THIRD CIRCUIT. Certificate of Service dated 05/29/2020. Service made by ECF. [20-1870] SEND TO MERITS PANEL.--[Edited 06/16/2020 by TMM] (JFM) [Entered: 05/29/2020 01:20 AM]
May 27, 2020 Filing 10 ORDER (Clerk) Motion filed by Appellant John F. Marchisotto for extension of time to file response to Clerk's letter advising of possible dismissal due to jurisdictional defect is granted. Appellant's response must be filed within thirty (30) days of the date of this order. (TMM) [Entered: 05/27/2020 04:58 PM]
May 19, 2020 Filing 9 ECF FILER: ENTRY OF APPEARANCE from Andrew C. Munger, DAG on behalf of Appellee(s) Judge Margaret Goodzeit, Judge Alberto Rivas, Chief Justice Stuart J. Rabner, and the State of New Jersey. [20-1870] (ACM) [Entered: 05/19/2020 04:15 PM]
May 19, 2020 Filing 8 FOLLOW UP LETTER to Angela C. Jupin, Esq. for Frank Bruno, Louis P. Lepore, Esq. for Debra E. Canova and Louis P. Lepore and Andrew C. Munger, Esq. for State of New Jersey, Alberto Rivas, Margaret Goodzeit and Staurt J. Rabner requesting the following document(s): Appearance Form within 14 days. (TMM) [Entered: 05/19/2020 03:49 PM]
May 17, 2020 Filing 7 ECF FILER: LETTER MOTION filed by Appellant John F. Marchisotto for 30-Day Extension of Time to file Response to USCA May 11, 2020 letter for possible dismissal due to jurisdictional defect. Certificate of Service dated 05/17/2020. Service made by ECF. [20-1870]--[Edited 05/18/2020 by TMM] (JFM) [Entered: 05/17/2020 09:47 PM]
May 13, 2020 Filing 6 Certified Copy of Amended Notice of Appeal filed 05/13/2020 received from Clerk of District Court. (TMM) [Entered: 05/13/2020 04:52 PM]
May 11, 2020 Filing 5 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (JW) [Entered: 05/11/2020 12:29 PM]
April 28, 2020 Filing 4 Notice received from the district court that the docketing and filing fees were paid by the appellant on 04/28/2020. (TMM) [Entered: 04/28/2020 12:15 PM]
April 23, 2020 Filing 3 RECORD available on District Court CM/ECF. (TMM) [Entered: 04/23/2020 04:07 PM]
April 23, 2020 Filing 2 ORDER (Clerk) Pursuant to 3d Cir. L.A.R. 113.12 and the Judicial Conference Policy on Privacy and Public Access to Electronic Cases, personal identifier information must be redacted from filings. These identifiers include Social Security numbers, names of minor children, financial account numbers, dates of birth, and home addresses in criminal cases. Litigants are responsible for redacting documents. This Courts's Local Appellate Rules and a link to the Judicial Conference policy are available at www.ca3.uscourts,gov. Accordingly, this action has been docketed using the initials of the minor children instead of the minor children's full names. It is noted that the parties appropriately ensured the privacy of the minor children in the District Court proceeding, and it is anticipated that they will continue to do so in this appeal. Counsel should comply with L.A.R. 113.12 and the Judicial Conference Policy on Privacy. All filings should be in compliance with local rule and that policy. The Clerk will not review each filing for compliance with L.A.R. 113.12. (TMM) [Entered: 04/23/2020 04:06 PM]
April 23, 2020 Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant John F. Marchisotto in District Court No. 3-19-cv-12540. (TMM) [Entered: 04/23/2020 03:46 PM]

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Defendant / appellee: STAURT J. RABNER
Represented By: Andrew C. Munger Esq.
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Defendant / appellee: ALBERTO RIVAS
Represented By: Andrew C. Munger Esq.
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Defendant / appellee: STATE OF NEW JERSEY, New Jersey Courts, Middlesex County Surrogate and County
Represented By: Andrew C. Munger Esq.
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Defendant / appellee: DEBRA E. CANOVA
Represented By: Louis P. Lepore Esq.
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Defendant / appellee: LOUIS P. LEPORE, Individually and , the Law Offices of Louis Lepore P.C. and Louis Lepore, Esq., LLC.
Represented By: Louis P. Lepore Esq.
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Defendant / appellee: MARGARET GOODZEIT, individually, and in her official capacity, as Presiding Judge, Somerset County Chancery
Represented By: Andrew C. Munger Esq.
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Defendant / appellee: FRANK BRUNO, individually, and in his official capacity, as the Somerset County Surrogate
Represented By: Angela C. Jupin Esq.
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Plaintiff / appellant: JOHN F. MARCHISOTTO, individually and as Guardian, of A.M., J.M., and M.M., minors
Represented By: John F. Marchisotto
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