Gardner-Alfred v. Federal Reserve Bank of New York

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sonar ncn naan IK DATE FILED:_ 5/15/2023 LORI GARDNER-ALFRED and JEANETTE DIAZ, : Plaintiffs, : : 22-cv-01585 (LJL) -v- : : ORDER FEDERAL RESERVE BANK OF NEW YORK, : Defendant. : we ee KX LEWIS J. LIMAN, United States District Judge: The Appeals Coordinator received the attached Notice of Appeal in this case. The Notice of Appeal purports to be signed by Daphne Ha; however, the Appeals Coordinator contacted Ms. Ha about the notice and Ms. Ha stated that she did not file it. The Notice of Appeal is fraudulent. The Appeals Coordinator and Clerk of Court are directed to file the Notice of Appeal on the record in this case. However, for the reasons stated, the Notice of Appeal is reyected and shall not be transmitted to the Second Circuit. SO ORDERED. a wee Dated: May 15, 2023 ot MOOS. New York, New York LEWIS J. LIMAN United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GARDNER-ALFRED et al, Plaintiffs Vv. Case#1:2022cv01585 FEDERAL RESERVE BANK of NEW YORK, Defendant NOTICE OF APPEAL This notice of appeal is by Defendant for ORDER Dkt#145 due to excusable neglect and transfer of interest of Defendant to Federal Trustee Duane L. Berry. See attached. Dated 5-11-2023 /s/Daphne T Ha Federal Reserve Bank of New York 33 Liberty Street New York, NY 10045 (ATTORNEY) USDC SDNY. “} ee POCUMENT | ECEIW □□ ELECTRONICALLY FILED | : DOCH fj MAY 12 2023 | DATE FILED: arene [pane rien: 5 fia [a0a3} USES W.PR USCA11 Case: 21-11738 Document: 2-1 Date Filed: 06/04/2021 Page: 1 of 1 No. 23-11738-J JURISDICTIONAL QUESTION Please address whether the notice of appeal contains the signature of Duane Berry, who has purported to be a federal trustee for the Department of Treasury, so as to comply with the federal rules of procedure. See Fed. R. Civ. P. 11{a) (‘Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name— or by a party personally if the party is unrepresented. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.”); Fed. R. App. P. 25(a)(2)(BX ili); Becker v. Montgomery, 532 U.S. 757, 760-65 (2001) (noting that the signature requirement applies to notices of appeal but is not jurisdictional and may be satisfied after expiration of the initial appeal period if the notice is otherwise timely and sufficient, and promptly corrected); see also 11th Cir. R. 25-4 (requiring all filed papers to be signed); Thiem v. Hertz Corp., 732 F.2d 1559, 1562-63 (11th Cir. 1984) (holding that a notice of appeal was sufficient to confer appellate jurisdiction where the names of counsel and the appellant were typed on the notice of appeal). If the notice of appeal is in fact deficient, please address whether Berry can cure the lack of a signature by filing a signed notice of appeal in the district court. See Fed. R. Civ. P. 1 1{a); Becker, 532. U.S. at 760-65. USCA11 Case: 21-11738 Document: 5-1 Date Filed: 06/21/2021 Page: of1 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 21-11738-] U.S. DEPARTMENT OF THE TREASURY, Plaintiff - Appellee, versus SEIZED FEDERAL SECURITIES, Defendant, DUANE L. BERRY, Interested Party - Appellant. Appeal from the United States District Court for the Northern District of Georgia ORDER: The Appellant’s motion to stay pending appeal, construed from motion to stay all Orders, Judgments, Mandates, Proceedings or otherwise in this action is GRANTED to the extent that this appeal shall be stayed for a period of sixty (60) days. The Appellant may file a renewed motion for stay at the expiration of the sixty (60) day-time period if necessary. The Appellant is directed to file a monthly status report on the 15" of every month until the stay has been lifted. /s/ Robin $. Rosenbaum UNITED STATES CIRCUIT JUDGE Gase: 20-10958 Decument: 20-2 Page:1 Date Filed: 03/04/2021 Gnited States Court of Appeals _ . mt a le for the Fifth Circuit □□ @ aa i LY A True Copy No. 20-10958 Certified order issued Mar 04, 2021 , J W. Cyt ——— Clerk, U.S. Court of Appeals, Fifth □□□□□□□ DUANE L. BERRY, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE FEDERAL RESERVE BANK OF NEw YorRK, also known as DUANE LETROY BERRY, Plaintiff{— Appellant, versus DANIELLE POWERS, Defendant— Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CV-2034 CLERK’S OFFICE: Under 5™ Cir. R. 42.3, the appeal is dismissed as of March 4, 2021, for want of prosecution. The appellant failed to timely pay the fee.