Sosa v. Chase Manhattan Bank et al
| Merqui Manon Sosa |
| Chase Manhattan Bank, Jean Manon, Merrill N. Rubin, Kevin Deloatch and Debbie Ann Morely |
| 1:2008cv03164 |
| August 4, 2008 |
| US District Court for the Eastern District of New York |
| Civil Rights: Other Office |
| Kings |
| Lois Bloom |
| Eric N. Vitaliano |
| None |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
69
MEMORANDUM AND ORDER: The Court construes Plaintiff's 65 Notice of Appeal as including (1) a motion for an extension of time to file a notice of appeal under FRAP 4(a)(5); and (2) a motion to reopen the time to file an appeal under F RAP 4(a)(6). A motion under FRAP 4(a)(5) must be made no later than 30 days after the 30 days to file a notice of appeal has expired. Consequently, plaintiff's 65 motion under FRAP 4(a)(5) must be, and is, denied because plaintiff filed his motion after the 30 day extension period. Assuming arguendo that the original (8/12/2011) mailing of the Judgment did not trigger receipt of notice under FRAP 4(a)(6), plaintiff received such notice as a result of the Clerk's mailing o n 10/28/2011, which plaintiff has acknowledged he received. Counting 14 days from 10/28/2011 and then giving plaintiff three additional days because the notice was served by mail, any motion under FRAP 4(a)(6) was due by 11/14/2011. But, plaintiff's motion was not filed until 11/25/2011. The motion thus fails the second prong of Rule 4(a)(6) and is denied. SO ORDERED by Judge Eric N. Vitaliano, on 3/27/2012. C/mailed. (Latka-Mucha, Wieslawa)
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Filing
66
MEMORANDUM AND ORDER, The Court construes pltff's request as a motion to extend the time, or to set a briefing schedule, for the filing of a motion for reconsideration under either Rule 59 or Rule 60(b) of the FRCP. The time to file a Rule 59 mo tion has passed. Thus, to the extent pltff is requesting permission to file a motion under Rule 59, such relief is denied. The time to file a Rule 60(b) motion, however, has not yet necessarily passed. Accordingly, to the extent pltff has grounds to do so, he shall file a Rule 60(b) motion on or before 3/5/12 that (1) explains why the motion is timely and (2) seeks reconsideration of the Memorandum and Order and Judgment issued on 8/12/11. (Ordered by Judge Eric N. Vitaliano on 2/16/2012) c/m (Galeano, Sonia)
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Filing
57
ORDER, By letter dated 12/29/09, pltff states deft Morley returned his papers served on her by mail. However, deft Morley has filed a reply to pltff's opposition papers. Therefore, pltff need not reserve these documents on Morley. Ordered by Magistrate Judge Lois Bloom on 1/26/2010. c/m (Galeano, Sonia)
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