Love Funding Corporation v. Jones
||Love Funding Corporation
||William E Jones, Jr.
||September 28, 2017
||US District Court for the Southern District of New York
||Foley Square Office
||Jed S. Rakoff
|Nature of Suit:
||Assault, Libel, and Slander
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|December 4, 2017
OPINION AND ORDER: By letter motion dated November 30, 2017, defendant sought reconsideration of the Court's denial of his motion for leave to seek Rule 11 sanctions, see Order dated Nov. 28, 2017. Defendant's motion does not identify any "controlling decisions or data that the court overlooked." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). Accordingly, while the Court is not unsympathetic to the difficulties to which defendant has been put, the Court sees no basis to reconsider its prior determination. This, however, in no way excuses the somewhat cavalier approach that plaintiff's counsel has taken to this litigation. (Signed by Judge Jed S. Rakoff on 12/1/2017) (ap)
|November 29, 2017
OPINION AND ORDER re: 11 MOTION to Dismiss . filed by William E Jones, Jr. The Court hereby holds that it lacks jurisdiction over plaintiff's claim and therefore grants defendant's motion. Because the Court finds that it does not have jurisdiction, it does not reach the question of whether plaintiff's claim must be arbitrated. If the Court had jurisdiction, however, it likely would have converted defendant's motion to dismiss into a motion to compel arbitration and granted that motion. Finally, defendant's motion for Rule 11 sanctions is a closer call. The Court deems it sufficient at this point to dismiss the amended complaint for lack of jurisdiction while reserving the right, should this case be reinstated for any reason, to revisit the appropriateness of sanctions. So Ordered. (Signed by Judge Jed S. Rakoff on 11/28/17) (yv)
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