Fogbow

Southern District of New York in Brady v. Sheindlin 21-669-cv (2d Cir. Nov. 16, 2021) wrote:Defendants request double costs and damages under Federal Rule of Appellate Procedure 38. They note that the District Court for the Southern District of New York (S.D.N.Y.) has already deemed Brady a serial litigant. See Brady v. Berman, 18-cv-8459, 2019 WL 4546535, at *1, (S.D.N.Y. Sept. 2, 2019).

Brady has unsuccessfully sued the judge who presided over his original state court trial and two judges on the New York Court of Appeals alleging that they conspired against him to sabotage the state court litigation. See Brady v. Ostrager, No. 19-cv-7122 (S.D.N.Y. Oct. 20, 2019), aff'd 834 Fed.Appx. 616 (2d Cir. 2020) (summary order); Brady v. DiFiore, No. 19-cv-04380 (S.D.N.Y. May 22, 2019). He has also sued former U.S. Attorney for the S.D.N.Y. Geoffrey Berman for failing to protect him from this alleged conspiracy. See Brady v. Berman, No. 18-cv-08459 (S.D.N.Y. Sept. 18, 2019), aff'd 837 Fed.Appx. 70 (2d Cir. 2021) (summary order). Further, Brady has sued IGS Realty itself, and sought a declaratory judgment that there had never been an enforceable judgment in the state court litigation, that the personal guarantees were void, and that the counterclaims should have been decided in his favor. See Brady v. IGS Realty Co. L.P., No. 19-cv-10142 (S.D.N.Y. Sept. 8, 2020), aff'd No. 20-3512, 2021 WL 4302737 (2d Cir. Sept. 22, 2021) (summary order). After that lawsuit, the District Court for the S.D.N.Y. imposed a filing injunction barring Brady "from filing any new action in the Southern District of New York that relates in any way to the IGS Lease Agreements, the Personal Guarantees associated therewith, or Brady's businesses' occupation of space in IGS-owned buildings, including any actions concerning the conduct of any attorney, judicial officer, government official, or other third party in relation to the IGS Lease Agreements, or any collateral actions arising from those agreements." Opinion and Order, Brady v. IGS Realty Co. L.P., No. 19-cv-10142 (S.D.N.Y. Oct. 13, 2020), ECF No. 65.

Dr. Ken wrote: ↑Fri Jun 02, 2023 3:03 am

MEMO ENDORSED ORDER denying 161 Motion to Intervene. ENDORSEMENT: There are only two bases on which one may intervene in a civil action. The first is intervention as of right, which is available only to one who "is given an unconditional right to intervene by a federal statute" or "claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless the existing parties adequately represent that interest." Fed. R. Civ. P. 24(a). The second is intervention by permission of the court, which in an appropriate case may be granted if the putative intervenor "is given a conditional right to intervene by a federal statute" or "has a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b). Mr. Brady does not satisfy any of these criteria. Accordingly, this motion is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/1/23) (yv)

Sam the Centipede wrote: ↑Thu Jun 08, 2023 6:17 pm C'mon lawyaz, whatya think of Trump's chances with the new trial request etc.?

RTH10260 wrote: ↑Fri Jun 09, 2023 11:26 am "asked for a new trial"

Wouldn't he have to go first thru the motions of an appeal?

bob wrote: ↑Fri Jun 09, 2023 12:19 pm
On the off-chance the trial court agrees, and can foresee the inevitably of a reversal on appeal.

Sam the Centipede wrote: ↑Fri Jun 09, 2023 1:11 pmAre you saying that the trial court might agree to a new trial (retrial? - is that different?) if the trial court judge believes that a refusal to grant that new trial would be reversed when the movant goes to the appeal court and screeches "waaah! not fair! want new trial?" Or would the appeal be "pliz Mr Appeel Judg, overturn unjust trial court verdict"

bob wrote: ↑Fri Jun 09, 2023 12:19 pm

RTH10260 wrote: ↑Fri Jun 09, 2023 11:26 am "asked for a new trial"

Wouldn't he have to go first thru the motions of an appeal?

No; the opposite, actually.

Asking for a new trial often is the final step before filing on appeal.

On the off-chance the trial court agrees, and can foresee the inevitably of a reversal on appeal.

Gregg wrote: ↑Fri Jun 09, 2023 5:25 pm At what point is it appropriate to ask for a pony?