New York Southern District Court
Judge:Colleen Mcmahon
Case #: 1:19-cv-07437
Nature of Suit896 Other Statutes - Arbitration
Cause28:1332fr Diversity-Fraud
Case Filed:Aug 06, 2019
Terminated:Sep 13, 2019
Last checked: Sunday Feb 02, 2020 4:24 AM EST
Defendant
Ricotta & Marks, P.C.
Plaintiff
Nicholas Pimentel
114 John St. #212
New York, NY 10278


Docket last updated: 04/21/2024 11:59 PM EDT
Tuesday, May 05, 2020
10 10 appeal USCA Mandate Tue 05/05 4:27 PM
MANDATE of USCA (Certified Copy) as to9 Notice of Appeal, filed by Nicholas Pimentel USCA Case Number 19-3196 Appellant, pro se, moves for leave to proceed in forma pauperis ("IFP") and to consolidate this appeal with his other pending appeals, 2d Cir. 19-2343 and 2d Cir. 19-2376 Upon due consideration, it is hereby ORDERED that the IFP motion is DENIED and the appeal is DISMISSED because it "lacks an arguable basis either in law or in fact." Neitzke v. Williams , 490 U.S. 319, 325 (1989); see also 28 U.S.C. § 1915(e). It is further ORDERED that the motion to consolidate is DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/5/2020..(tp)
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appeal Transmission of USCA Mandate/Order to District Judge Tue 05/05 4:29 PM
Transmission of USCA Mandate/Order to the District Judge re:10 USCA Mandate. (tp)
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Thursday, October 03, 2019
appeal Appeal Fee Due Thu 10/03 11:22 AM
Appeal Fee Due: for9 Notice of Appeal. Appeal fee due by 10/17/2019. (tp)
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appeal Appeal Remark Thu 10/03 11:23 AM
Appeal Remark as to9 Notice of Appeal, filed by Nicholas Pimentel. IFP DENIED 09/25/2019. (tp)
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appeal Transmission of Notice of Appeal and Docket Sheet to USCA Thu 10/03 11:24 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:9 Notice of Appeal. (tp)
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appeal Appeal Record Sent to USCA - Electronic File Thu 10/03 11:24 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for9 Notice of Appeal, filed by Nicholas Pimentel were transmitted to the U.S. Court of Appeals. (tp)
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Tuesday, October 01, 2019
9 9 appeal Notice of Appeal Thu 10/03 11:22 AM
NOTICE OF APPEAL from5 Order of Dismissal,6 Judgment - Sua Sponte (Complaint),8 Order on Motion for Reconsideration. Document filed by Nicholas Pimentel. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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Att: 1 Affidavit for IFP
Wednesday, September 25, 2019
8 8 4 pgs order Order on Motion for Reconsideration Wed 09/25 2:58 PM
ORDER denying7 Motion for Reconsideration. Accordingly, Plaintiff's motion for reconsideration (ECF doc. #7) is denied. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).. (Signed by Judge Colleen McMahon on 9/25/2019) (mro)
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misc Mail Order by USPS Wed 09/25 3:55 PM
Mailed a copy of8 Order on Motion for Reconsideration, to Nicholas Pimentel 114 John St. #212 New York, NY 10278. (vba)
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Friday, September 20, 2019
7 7 motion Reconsideration Mon 09/23 8:20 AM
MOTION TO VACATE(RULE 59 & 60), for Reconsideration of re:6 Judgment - Sua Sponte (Complaint). Document filed by Nicholas Pimentel.(sc)
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Monday, September 16, 2019
misc Mail Order by USPS Mon 09/16 4:01 PM
Mailed a copy of5 Order of Dismissal,6 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal, to Nicholas Pimentel 114 John St. #212 New York, NY 10278. (aea)
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Friday, September 13, 2019
6 6 order Judgment - Sua Sponte (Complaint) Mon 09/16 8:29 AM
CIVIL JUDGMENT: Pursuant to the order issued September 13, 2019, dismissing the complaint, IT IS ORDERED, ADJUDGED, AND DECREED that the complaint is dismissed under Rule 12(h)(3) of the Federal Rules of Civil Procedure. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 9/13/2019)(mro)
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Att: 1 Pro Se Appeal Package
5 5 6 pgs order Order of Dismissal Mon 09/16 8:27 AM
ORDER OF DISMISSAL: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. Plaintiff's complaint is dismissed for lack of subject matter jurisdiction. The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 9/13/2019) (mro)
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notice Notice of Case Assignment/Reassignment - Sua Sponte Mon 09/16 8:28 AM
NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro)
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Thursday, August 29, 2019
misc Mail Order by USPS Thu 08/29 11:54 AM
Mailed a copy of4 Order Granting IFP Application to Nicholas Pimentel 114 John St. #212 New York, NY 10278. (vba)
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Wednesday, August 28, 2019
4 4 1 pgs order Order Granting IFP Application Thu 08/29 10:19 AM
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Colleen McMahon on 8/28/2019) (sac)
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Tuesday, August 06, 2019
3 3 misc Pro Se Consent to Receive Electronic Service Fri 08/09 11:02 AM
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Nicholas Pimentel consents to receive electronic service via the ECF system. Document filed by Nicholas Pimentel.(sac)
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2 2 cmp Complaint Fri 08/09 10:57 AM
COMPLAINT against Ricotta & Marks, P.C. Document filed by Nicholas Pimentel. (sac)
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1 1 misc Request to Proceed In Forma Pauperis Fri 08/09 10:54 AM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Nicholas Pimentel.(sac)
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utility Case Designated ECF Fri 08/09 10:58 AM
Case Designated ECF. (sac)
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