Stengel v. Black

Stengel v. Black

Plaintiff:	Isaac Stengel
Defendant:	Bradford Black
Case Number:	1:2010cv08661
Filed:	November 16, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Colleen McMahon
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
September 20, 2012	Filing 54 MEMO ENDORSEMENT on 47 Report and Recommendations: After reviewing plaintiff's objections to this report, I reject them, adopt the report as the court's opinion and find that judgment be entered in defendant's favor in the amount of $23,411.17 for the originally ordered sanction. Insofar as defendant's objections are concerned, I agree that the Court of Appeals intended for this court to impose the sanction for filing a frivolous appeal. The record plainly discloses th at the appeal to the Second Circuit was frivolous. Accordingly I also award sanctions against plaintiff in the amount of $15,566.60, being the sum expended by defendant in connection with the frivolous appeal. Clerk to enter judgment separately on that amount. (Signed by Judge Colleen McMahon on 9/14/2012) Copies Mailed By Chambers. (lmb)
September 12, 2012	Filing 51 OPINION AND ORDER re: 39 MOTION for Sanctions, filed by Isaac Stengel. To the extent Docket Item 39 can be construed as a motion for sanctions, it is denied as frivolous. Defendant's motion for sanction (Docket Item 30) was granted by Judge M cMahon on October 18, 2011 (Docket Item 33). Thus, defendant's motion for sanctions was meritorious and cannot itself be the basis for a sanctions motion by plaintiff. Accordingly, to the extent Docket Item 39 can be construed as a motion for sanctions it is denied, and the Clerk of the Court is directed to mark the motion closed. (Signed by Magistrate Judge Henry B. Pitman on 9/12/2012) Copies Sent By Chambers. (ja)

Date Filed

Document Text

September 20, 2012

Filing 54 MEMO ENDORSEMENT on 47 Report and Recommendations: After reviewing plaintiff's objections to this report, I reject them, adopt the report as the court's opinion and find that judgment be entered in defendant's favor in the amount of $23,411.17 for the originally ordered sanction. Insofar as defendant's objections are concerned, I agree that the Court of Appeals intended for this court to impose the sanction for filing a frivolous appeal. The record plainly discloses th at the appeal to the Second Circuit was frivolous. Accordingly I also award sanctions against plaintiff in the amount of $15,566.60, being the sum expended by defendant in connection with the frivolous appeal. Clerk to enter judgment separately on that amount. (Signed by Judge Colleen McMahon on 9/14/2012) Copies Mailed By Chambers. (lmb)

September 12, 2012

Filing 51 OPINION AND ORDER re: 39 MOTION for Sanctions, filed by Isaac Stengel. To the extent Docket Item 39 can be construed as a motion for sanctions, it is denied as frivolous. Defendant's motion for sanction (Docket Item 30) was granted by Judge M cMahon on October 18, 2011 (Docket Item 33). Thus, defendant's motion for sanctions was meritorious and cannot itself be the basis for a sanctions motion by plaintiff. Accordingly, to the extent Docket Item 39 can be construed as a motion for sanctions it is denied, and the Clerk of the Court is directed to mark the motion closed. (Signed by Magistrate Judge Henry B. Pitman on 9/12/2012) Copies Sent By Chambers. (ja)

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Plaintiff: Isaac Stengel
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Defendant: Bradford Black
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