SACK, Circuit Judge: These appeals present what appear to be two issues of first impression in this Circuit. First, whether a defendant who repeatedly moves to dismiss for lack of personal jurisdiction, but then withdraws from the litigation after those motions are denied, is permitted to attack an ensuing default judgment on the grounds that it is void for lack of personal jurisdiction. Second, whether a federal district court may exercise personal jurisdiction over an out-of-state firearms...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED . Plaintiffs-Appellants ("Appellants") successfully obtained a favorable settlement with the City of New York on behalf of a class of plaintiffs who alleged that the City, for a period spanning several decades, improperly recovered costs for special education and related services that it was required to provide to plaintiffs free-of-charge, through the...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on December 23, 2009, is AFFIRMED. Pro se plaintiff Eric Woodruff, who sued defendant National Railroad Passenger Corporation under federal and state law for disability discrimination in employment, appeals from the dismissal of his Americans with Disabilities Act claims as time-barred. See 42 U.S.C. 12112 et seq. 1 We review a district court's dismissal of a complaint de novo ,...
SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment entered on November 9, 2009 is AFFIRMED. Petitioner Stephen LaValle appeals from the denial of his petition for the writ of habeas corpus, which sought relief from a New York state court conviction and judgment entered on July 17, 1999. See 28 U.S.C. 2254. LaValle contends principally that, before the state trial court, he attempted to waive his right to counsel and instead proceed pro se,...
SUMMARY ORDER UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be AFFIRMED. Plaintiff-Appellant Roman Kevilly, pro se and incarcerated, appeals from the District Court's judgment dismissing his civil rights complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In his complaint, Kevilly asserted claims of false arrest, malicious prosecution, false imprisonment, and other violations under 42 U.S.C....
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court entered on September 1, 2009, is AFFIRMED. Defendant Daniel Drummond, who pleaded guilty to one count of possession with intent to distribute 32,000 pills containing the drug "MDMA" ("ecstasy"), see 21 U.S.C. 841(a)(1), (b)(1)(C), appeals from a judgment sentencing him principally to 108 months' incarceration, the low end of a 108-to-135 months Guidelines range. We...
J. CLIFFORD WALLACE, Circuit Judge: I. On October 8, 2003, law enforcement personnel conducted surveillance of Preacely's apartment, based on a tip that he was selling crack cocaine. Preacely and another man were seen leaving the apartment. Law enforcement officers attempted to question them and both fled. Preacely escaped, but the officers caught the other man and found he possessed crack cocaine. The other man told the officers that Preacely was selling crack cocaine. A search of Preacely's...
STRAUB, Circuit Judge: Defendant-Appellant Manuel Vigil appeals from a judgment of the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge ) convicting him, following a guilty plea, of conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. 1959(a)(5), and of using a firearm during a crime of violence, in violation of 18 U.S.C. 924(c)(1)(A)(i). The government argues that Vigil's appeal should be dismissed on the ground that...
HALL, Circuit Judge: Kombassan Holding A.S. ("Kombassan") appeals from a judgment of the United States District Court for the Southern District of New York (Rakoff, J. ) holding it liable to the Retirement Plan of the UNITE HERE National Retirement Fund and its trustees (the "Plan") for withdrawal liability incurred by the entity Hit or Miss ("HOM") pursuant to sections 502(a)(3) and 4301(a) of the Employee Retirement Income Security Act of 1974 ("ERISA"), codified at, 29 U.S.C. 1132(a)(...
SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED . Plaintiff-Appellant Bridget Gladwin ("Gladwin") commenced this action against her former employer, the County of Westchester ("County") and her former supervisor, the Westchester County Commissioner of Corrections Rocco Pozzi ("Pozzi"), alleging race discrimination under 42 U.S.C. 1981 and 1983 and gender discrimination under 1983....
SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED . Las Vegas Professional Football Limited Partnership, d/b/a Las Vegas Gladiators (the "Gladiators") appeal from the January 15, 2010 memorandum and order of the United States District Court for the Southern District of New York (Castel, J. ) denying the Gladiators' motion for reconsideration of the district court's prior decision, dated...
PER CURIAM: Appellants appeal from a judgment of the district court (Preska, Ch. J. ) dismissing one of two cases that were consolidated for all purposes. See Houbigant, Inc. v. IMG Fragrance Brands, LLC, No. 09 Civ. 839, 2009 WL 5102791 (S.D.N.Y. Dec. 18, 2009) (dismissing Case No. 09 Civ. 839). As we explained in Hageman v. City Investing Co., 851 F.2d 69 , 71 (2d Cir.1988), "when there is a judgment in a consolidated case that does not dispose of all claims which have been...
REENA RAGGI, Circuit Judge: United States citizen Hassan Abu-Jihaad, whose birth name is Paul Raphael Hall, appeals from a judgment of conviction entered in the United States District Court for the District of Connecticut (Mark R. Kravitz, Judge ) on April 3, 2009, after a jury found him guilty of having communicated national defense information, specifically, the anticipated movements of a United States Navy battlegroup being deployed to the Persian Gulf, to unauthorized persons in violation...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-appellant Rosemarie Vito ("Vito"), a Filipino woman, sued her former employer, defendant-appellee Bausch & Lomb, for employment discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 1981, and New York State Human Rights Law ("NYSHRL"). The district court (Siragusa, J. ) granted summary...
SUMMARY ORDER ON CONSIDERATION WHEREOF , IT IS HEREBY ORDERED , ADJUDGED , AND DECREED that the preliminary injunction is VACATED and the case is REMANDED . Plaintiff-Appellant-Cross-Appellee Esbin & Alter, LLP appeals from an order of the district court granting in part and denying in part Esbin & Alter's request for preliminary injunctive relief enjoining Defendant-Appellees and Defendant-Appellee-Cross-Appellant Sabharwal, Globus, & Lim, LLP, from distributing and continuing to use...
SUMMARY ORDER ON CONSIDERATION WHEREOF , IT IS HEREBY ORDERED , ADJUDGED , AND DECREED that the judgment of said district court be and hereby is AFFIRMED . Juan Ortiz appeals from a judgment of conviction entered by the United States District Court for the District of Connecticut (Hall, J. ) on January 20, 2010. Ortiz pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of crack cocaine. The district court imposed the mandatory minimum...
SUMMARY ORDER UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED . Appellant Monika Lukasiewicz-Kruk, pro se, appeals the district court's judgment granting the motion of the Greenpoint YMCA and the YMCA of Greater New York (collectively, the "YMCA") for summary judgment and dismissing her employment discrimination complaint. We assume the parties' familiarity with the underlying facts, the procedural history of the case,...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendant Charles Carneglia appeals from the September 17, 2009 judgment in the United States District Court for the Eastern District of New York (Weinstein, J. ), convicting him after a jury trial of racketeering conspiracy, in violation of 18 U.S.C. 1962(d), and extortion conspiracy, in violation of 18 U.S.C. 1951(a). The RICO count charged that...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioners Andrew Gonchar and Polyvios Polyviou petition this Court for review of an August 14, 2009 opinion and order of the Securities and Exchange Commission ("SEC"), sustaining the sanctions imposed on them by the National Association of Securities Dealers ("NASD") 1 for violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), Rule...
PER CURIAM: Appellant Walid El Sayed, pro se, is a United States citizen of Egyptian descent, who is Muslim. He was hired by Defendant-Appellees as an Assistant to the Director of Housekeeping in December 2004, and was terminated on August 9, 2006, approximately three weeks after he complained to the Hilton's Housekeeping Director, Barbara Still, that a co-worker referred to him as a "Terrorist Muslim Taliban." Defendant-Appellees stated that the determination to discharge El Sayed was not...
