Summary
The Second Circuit denied David C. Lettieri’s motion for leave to file and denied as moot his motion to recall the mandate. The court held that the motion to recall the mandate constituted a proceeding subject to a previously imposed leave-to-file sanction, which applies to new filings in the appellant’s existing cases, including cases filed before the sanction order.
Topics
Practice areas
Questions Presented
- Whether the prior leave-to-file sanction applied to Lettieri's motion to recall the mandate and to new filings in existing cases.
- Whether the court should grant leave to file.
- Whether the motion to recall the mandate remained justiciable after leave to file was denied.
Holdings
- A motion to recall the mandate constitutes a proceeding covered by the prior sanction requiring Lettieri to obtain leave before filing in the Second Circuit. The sanction also applies to new filings in existing cases, including cases filed before the sanction issued.
- The motion for leave to file is denied.
- The motion to recall the mandate is denied as moot.
Key quotations
“shall refuse to accept for filing from the Appellant any future appeal or other proceeding in this Court unless he first obtains leave of the Court to file such” (at 1)
Factual background
The Second Circuit had previously imposed a sanction requiring Lettieri to obtain leave before filing any future appeal or other proceeding in the court. Lettieri filed a motion for leave to file and a motion to recall the mandate, and the court determined that the motion to recall the mandate was a proceeding covered by the sanction.
Procedural history
The appeal arose from the Western District of New York in No. 23-cv-519. During the appellate proceedings, the Second Circuit had imposed a leave-to-file sanction on Lettieri; in this proceeding, the court applied that sanction and denied leave to file, rendering the motion to recall the mandate moot.