Ferri v. Berkowitz et al
| Antonio Ferri |
| Jan M. Berkowitz, Adrienne Berkowitz, Sherry Aiken, Edward Fortin, Edward Grieco, Robert Harris, Edward Wilson, JMB Group, LLC and HDG International Group, Inc. |
| 2:2009cv00182 |
| January 16, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Nassau |
| Arlene R. Lindsay |
| Leonard D. Wexler |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1964 Racketeering (RICO) Act |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
219
MEMORANDUM ORDER granting in part and denying in part 214 Motion for Permanent Injunction; denying 217 Motion to Compel. For the reasons stated herein, The motions of Third Party Defendant Patisso at docket entries 147, 149, 155, 156 and 157 are denied, and the Clerk of the Court is directed to terminate those motions. The motion of third party plaintiff Berkowitz at DE 214 is granted in part and denied in part. Berkowitz' motion for costs is granted, in the amount of $300.00; and motion for injunctive relief is denied.The Clerk is directed to enter judgment in favor of third party plaintiff Berkowitz and against third party defendant Patisso in the amount of $300.00. This matter is concluded and the Clerk of the Court is directed to close this case. (Ordered by Judge Leonard D. Wexler on 11/5/2015.) (Fagan, Linda)
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Filing
220
MEMORANDUM AND ORDER re: 215 Letter BRIEF. Before the Court at docket entry 215 is a letter of Third Party Defendant Matteo Patisso ("Patisso'') seeking permission to move for contempt against Brian Kenny and others of theMorris County Prosecutor's Office for violating this Court's "sealing" order of April 20, 2009 (the "Order"). Docket entry ("DE"), 20 . That order was entered to permit Defendants/Third Party Plaintiffs to file, unde r seal, papers in support of their Order to Show Cause seeking Temporary Restraints. Ultimately, that Order to Show Cause was resolved by the parties' agreement to enter into consent orders for preliminary and permanent injunctive relief. DE [2 2] and 25 . A much later application by Mr. Patisso to file documents under seal was denied. See DE 148 . On January 20, 2015, during a default inquest on this case, a proceeding unrelated to the Order, at the request of Mr. Patisso and without spe cific reference to the documents at issue, this Court permitted the Order to continue. See DE 210 . Now, Mr. Patisso seeks permission to move to use this Order, that was entered over five years ago to permit other parties in this case to file docume nts under seal, as the basis to hold a New Jersey prosecutor, who is not a party to this case, in contempt. Mr. Patisso's request to move for contempt is denied. Further, in that the "sealing" Order applied to a motion resolved years a go through consent orders, the Court finds the Order moot. Any future requests to file a document under seal, or to continue the sealing of a particular document already filed under seal, shall require specific Court approval in accordance with the Court's rules. (Ordered by Judge Leonard D. Wexler on 11/5/2015.) (Fagan, Linda)
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Filing
162
MEMORANDUM AND ORDER denying 149 Motion for Writ; denying 161 Motion for Permanent Injunction; In view of the fact that this case is currently pending before the Court of the Appeals for the Second Circuit, the Court denies the motions at DE 14 7 and 149 for lack of jurisdiction. Similarly and for the same reason, the Court denies Patisso's requests for pre-motion conferences (DE 155,156 & 157), and his request for a default against the State of New Jersey and that a writ for a permane nt injunction be issued. DE 161. Until the Second Circuit issues a mandate returning the case, this Court lacks jurisdiction to hear Patisso's motion and requests. Doe v. Gonzalez, 449 F.3d 415.420 (2d Cir. 2006) (the district court cannot entertain a motion until the Court of Appealsissues a mandate returning the case to the district court) (citations omitted).(Ordered by Judge Leonard D. Wexler on 1/21/2014.) (Fagan, Linda)
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Filing
116
MEMORANDUM AND ORDER re 110 Order on Motion to Strike, Order on Motion to Compel; That the R&R dated January 31, 2011 is hereby adopted; and that an appropriate judgment of default may be submitted to this Court. ( Ordered by Senior Judge Leonard D. Wexler on 5/10/2011.) c/m (Fagan, Linda)
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Filing
107
ORDER re 106 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 12/14/2010. c/ecf (Miller, Dina)
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Filing
58
MEMORANDUM and ORDER granting 35 Motion to Dismiss; granting in part and denying in part 41 Motion to Dismiss. Defendant Wilson is dismissed entirely from this action. All RICO claims against all Defendants are also dismissed. The case continue s only as the state law claims against the remaining Defendants. The parties are directed to conduct discovery within the narrower parameters of the case as it currently stands. The Clerk of the Court is directed to terminate any outstanding motion.. Ordered by Senior Judge Leonard D. Wexler on 8/25/2009. cm (Mierzejewski, Elizabeth)
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