Sdny notice of appeal
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COMPLAINT filed by Chris Brown, Joe Cianciotto, DDB Worldwide Communications Group Inc., and Peter Hempel of Omnicom Group, Inc. ($350.00 filing fee, receipt number 465401124316) Anonymous has filed a document. (ooo) (mps). (Date submitted: 05/05/2015)
E-MAIL PDF NOTE TO ATTORNEY Attorney Susan Chana Lask has received a letter for failing to comply with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules and Instructions. EMAIL the Document 1 Complaint PDF to [email protected] (ooo) (Date submitted: 05/13/2015)
ATTORNEYS ARE ADVISED TO Send A PDF OF THE CIVIL COVER SHEET. Attorney Susan Chana Lask has been notified to request a PDF of the Civil Cover Sheet. [email protected] can receive a copy of the Civil Cover Sheet via email. (Entered: 05/13/2015) (moh) (moh) (moh) (moh) (moh) (m
INITIAL PRETRIAL CONFERENCE NOTICE: Judge Katherine Polk Failla will hold an initial conference on August 6, 2015 at 11:00 a.m. in Courtroom 618, 40 Centre Street, New York, NY 10007. (Signed on 6/5/2015 by Judge Katherine Polk Failla) (entered: 06/05/2015) (spo)
Where an order (1) orders the immediate delivery of property and (2) causes irreparable harm to the losing party if judicial review must wait for the final resolution of the case, it is subject to immediate appeal. Forgay v. Conrad, 47 U.S. 201 (1848); see also HBE Leasing Corp. v. Frank, 48 F.3d 623, 632 n.4 (2d Cir. 1995) (questioning whether the Forgay doctrine is “still applicable in a multi-claim or multi-party action” in such circumstances); Matter of Simpson, 36 F.3d 450, 452 (5th Cir. 1994) (judgment compelling defendant to turn over (same).
C. “Regardless of whether the case was dismissed under 1441(a) or 1452(a), a court of appeals lacks authority to review an order remanding a bankruptcy case to state court because of a timely raised flaw in the removal process or lack of subject-matter jurisdiction.” Things Remembered, Inc. v. Petrarca, 116 S. Ct. 494, 497 (1995).
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The Court released an opinion on August 12, 2015, granting Defendants’ motion for summary judgment on the issue of fair tolling in part. (Doc. No. 126, titled “August Opinion”).) Plaintiffs’ arguments were narrowed to the hours employed within the relevant statute of limitations period after the Court found that they had failed to satisfy their duty of demonstrating the need for fair tolling. (See id., p. 11.) Plaintiffs Chunlei Wu and Shenglin Liu were both removed from the case because they had no remaining timely arguments. (See id.)
The Court ordered that the trial in this action begin on November 2, 2015, at a status conference that Plaintiffs’ counsel failed to attend. (Document 133.) Plaintiffs also filed a letter with the Court seeking “permission from this Court to appeal the Court’s August 12, 2015 Order” on the grounds that the August Opinion was “premature and failed to address the aspect that defendants knowingly and deliberately submitted a falsified document in support of their petition.” (Document No. 132, titled “September 11 Letter”).) Plaintiffs have asked for the August Opinion to be stayed “pending trial on November 2, 2015, so that they can appeal the [Opinion] after the trial.” (Id.) On the same day, Plaintiffs filed a direct appeal to the Second Circuit of “any and every part” of the August Opinion, claiming that it was I “a final order” for Plaintiffs Wu and Liu, (ii) “a final order” for the remaining Plaintiffs whose time-barred claims were dismissed, and (iii) “premature” because there were genuine issues. (Document 134.)
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(1) Without the permission of the court. When: (e) Cost or Fee Awards. Subject to Rule 54(b) and unless the court orders otherwise, the clerk must immediately plan, sign, and enter the judgment without waiting for the court’s guidance. In most cases, the entry of judgment cannot be postponed or the appeal period extended in order to tax expenses or reward fees. However, if a timely motion for attorney’s fees is filed under Rule 54(d)(2), the court may act before a notice of appeal is filed and becomes effective to require that the motion have the same effect as a timely motion under Rule 59 under Federal Rule of Appellate Procedure 4 (a)(4).
270.31 (judgment entered forthwith on jury decision unless otherwise ordered), 270.65 (where trial is by the court, entered by direction of the court), 270.63 (where trial is by the court, entered by direction of the court) (entered by clerk on judgment on admitted claim for money). Compare 1 Idaho Code Ann. (1932) 7–1101, and 4 Mont.Rev.Codes Ann. (1935) 9403, which require the clerk to enter judgment in jury cases within 24 hours of the verdict unless the court orders otherwise. All decisions must be entered within one week of rendition, according to Conn. Practice Book (1934) 200. In certain states, such as Washington, 2 Rev.Stat.Ann. (Remington, 1932) 431, judgment is entered two days after the return of the verdict in jury cases to allow time to file a motion for a new trial; 435 (ibid.) provides that all judgments shall be entered by the clerk, subject to the court’s direction.