Bellino v. Tallarico et al
| Jeanne Bellino |
| Steven Victor Tallarico, Steven Tyler and Does 1 - Doe 50 |
| 1:2024cv00712 |
| January 31, 2024 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| P.I.: Other |
| 28 U.S.C. § 1446 nr Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 19 PROPOSED AMENDED COMPLAINT against Steven Victor Tallarico with JURY DEMAND.Document filed by Jeanne Bellino..(Shaikh, Nahid) |
Filing 18
MEMO ENDORSEMENT on re: #15 MOTION for Leave to File Amended Complaint . filed by Jeanne Bellino. ENDORSEMENT : On February 21, 2024, the Court granted defendants' unopposed motion to dismiss the complaint on each of two independent grounds. The order (the "February 21 Order") required plaintiff to file any motion for leave to amend no later than March 13, 2024. On March 6, 2024, plaintiff moved for reconsideration of the February 21 order. The Court denied that motion on March 7, 2024. Plaintiff then, on March 13,2024, filed a motion for leave to amend the complaint. Undaunted, however, plaintiff kept on filing papers, specifically a March 22, 2024 notice of appeal from the February 21 Order. "The filing of a notice of appeal ordinarily divests the district court of jurisdiction over issues decided in the order being appealed. We have previously noted that '[t]he divestiture of jurisdiction rule is, however, not a per se rule. It is a judicially crafted rule rooted in the interest of judicial economy, designed to avoid confusion or waste of time resulting from having the same issues before two courts at the same time. Hence, its application is guided by concerns of efficiency and is not automatic.' For example, district courts may retain jurisdiction notwithstanding appeal if the appeal is frivolous." Carroll v. Trump, 88 F.4th 418, 433 (2d Cir. 2023) (footnotes and some internal quotation marks omitted). In this case, plaintiff's appeal from the February 21 Order plainly is frivolous in that appeals in the federal system typically lie only from final judgments or orders granting or denying injunctive relief. While there are some other narrow exceptions from the final judgment rule, plaintiff's appeal does not come within any of them. Accordingly, the motion for leave to amend is properly before the Court. Any opposition shall be filed no later than April 7. Any reply shall be filed no later than April 14. Plaintiff shall filed a copy of her proposed amended complaint, redlined to show differences from the original complaint, no later than March 31, 2024. Further, if he has not already done so, plaintiff's counsel, on or before March 27, 2024, shall take all steps necessary to authorize and provide for electronic service of all papers on him. SO ORDERED., ( Replies due by 4/14/2024., Responses due by 4/7/2024) (Signed by Judge Lewis A. Kaplan on 3/26/24) (yv)
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| Filing 17 NOTICE OF INTERLOCUTORY APPEAL from #7 Order on Motion to Dismiss,. Document filed by Jeanne Bellino. Filing fee $ 605.00, receipt number ANYSDC-29118777. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Shaikh, Nahid) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #17 Notice of Interlocutory Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #17 Notice of Interlocutory Appeal, filed by Jeanne Bellino were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION for Leave to File Amended Complaint . . Document filed by Jeanne Bellino. (Attachments: #1 Exhibit A (Local Law 73), #2 Exhibit B (November 29, 2021, Hearing Transcript, #3 Exhibit C (Complaint), #4 Exhibit D (Proposed Amended Complaint)).(Shaikh, Nahid) |
| Filing 15 MOTION for Leave to File Amended Complaint . Document filed by Jeanne Bellino..(Shaikh, Nahid) |
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Filing 14
ORDER denying #12 Motion for Reconsideration re #12 MOTION for Reconsideration OF THIS COURTS FEBRUARY 21, 2024 MEMORANDUM AND OPINION. filed by Jeanne Bellino. The motion for reconsideration is denied. Plaintiff remains free to file a timely motion for leave to amend the complaint. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/7/24) (yv)
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| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION for Reconsideration OF THIS COURTS FEBRUARY 21, 2024 MEMORANDUM AND OPINION. . Document filed by Jeanne Bellino. (Attachments: #1 Exhibit A (Local Law 73), #2 Exhibit B (Legislation Details), #3 Exhibit C (Complaint), #4 Exhibit D (Email Exchange Goffe & Irish), #5 Exhibit E (EFC Email Exchange), #6 Exhibit F (November 11, 2021 Hearing Transcript), #7 Exhibit G (December 9, 2021 Stated Meeting Hearing Transcript), #8 Exhibit H (November 29, 2021 Hearing Testimony), #9 Exhibit I (Memorandum and Opinion dated February 21, 2024)).(Shaikh, Nahid) |
| Filing 12 MOTION for Reconsideration OF THIS COURTS FEBRUARY 21, 2024 MEMORANDUM AND OPINION. Document filed by Jeanne Bellino..(Shaikh, Nahid) |
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Filing 11
MEMO ENDORSEMENT on re: #9 Letter filed by Jeanne Bellino ENDORSEMENT: The "technical error" to which the plaintiff refers was the failure of plaintiff's counsel - a member of the Bar of this Court - to indicate, in electronically filing his notice of appearance, that papers could be served upon him electronically. The consequence of his failure was that the Clerk did not transmit to him a notice of electronic filing of the defendant's motion. See ECF Rules and Instructions ("ECF Rules") 2.4( c ). Moreover, regardless of the reason for the apparent failure of plaintiff's counsel to receive a notice of electronic filing of defendant's motion, it was the obligation of plaintiffs counsel to keep abreast of filings on the docket, ECF Rules 13.14. Accordingly, the Court DENIES the application to strike the defendant's motion and the Court's order. This ruling, however, is without prejudice to a timely motion for leave to amend the complaint. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/4/24) (yv)
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| Filing 10 LETTER addressed to Judge Lewis A. Kaplan from Corrine Irish dated 2/22/2024 re: Mr. Anderson's Letter. Document filed by Steven Victor Tallarico. (Attachments: #1 Exhibit Email Exchange T Goffe & C Irish).(Irish, Corrine) |
| Filing 9 LETTER addressed to Judge Lewis A. Kaplan from Jeffrey R. Anderson dated 2/22/2024 Document filed by Jeanne Bellino..(Anderson, Jeffrey) |
| Filing 8 NOTICE OF APPEARANCE by Jeffrey Robert Anderson on behalf of Jeanne Bellino..(Anderson, Jeffrey) |
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Filing 7
MEMORANDUM AND ORDER granting #5 Motion to Dismiss. Defendant's motion to dismiss the complaint (Dkt 6) is granted. Any motion for leave to amend the complaint, which shall include a copy of the proposed amended complaint, shall be filed no later than March 13, 2024. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/21/24) (yv)
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| Set/Reset Deadlines: Motions due by 3/13/2024. (yv) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss . . Document filed by Steven Victor Tallarico..(Irish, Corrine) |
| Filing 5 MOTION to Dismiss . Document filed by Steven Victor Tallarico. Responses due by 2/16/2024.(Irish, Corrine) |
| Filing 4 NOTICE OF APPEARANCE by Nahid Aftab Shaikh on behalf of Jeanne Bellino..(Shaikh, Nahid) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Corrine Anetra Irish. The following party/parties has been removed from this case: Does 1 - Doe 50. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Corrine Anetra Irish. The party information for the following party/parties has been modified: Steven Victor Tallarico. The information for the party/parties has been modified for the following reason/reasons: party text was removed. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Steven Victor Tallarico..(Irish, Corrine) |
| Filing 2 CIVIL COVER SHEET filed..(Irish, Corrine) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 160745/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28887765).Document filed by Steven Victor Tallarico. (Attachments: #1 Exhibit A - Stipulation, #2 Exhibit B - Summons & Complaint).(Irish, Corrine) |
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