Plaintiff-Appellant, S U M M A R Y O R D E R # v. CHRISTIE WHITMAN, NEW JERSEY United States ex rel. Eisenstein v. Whitman Page jurisdiction. The district court did not explicitly address Eisensteins (2nd Cir. 2001)
Federal Circuits, 2nd Cir. (February 14, 2001)
Docket number: 00-6051
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US Code - Title 31: Money and Finance - 31 USC 3729 - Sec. 3729. False claims
U.S. Court of Appeals for the 2nd Cir. - Robert J. Devlin, Andrew Hagan, Thomas Hewson, Steven Milone, Frederick Rinckwitz, Individually, and on Behalf of the Retired Officers, Employees, and Their Beneficiaries of the Transportation Communications International Union, Plaintiffs-Appellants, v. Transportation Communications International Union and Robert A. Scardelletti, Defendants-Appellees., 175 F.3d 121 (2nd Cir. 1999) Andrew Hagan, Thomas Hewson, Steven Milone, Frederick Rinckwitz, Individually, and on Behalf of the Retired Officers, Employees, and Their Beneficiaries of the Transportation Communications International Union, Plaintiffs-Appellants, v. Transportation Communications International Union and Robert A. Scardelletti, Defendants-Appellees.
U.S. Court of Appeals for the 2nd Cir. - Thomas S. Leonhard, Individually, and Thomas S. Leonhard, as Natural Parent and Legal Guardian Of: Michael Leonhard, an Infant, Stephan Leonhard, an Infant, and Karen Leonhard, an Infant, Plaintiffs-Appellants, v. the United States of America; United States Department of Justice; Hon. Griffin Bell, and His Predecessors in Office, To and Including Hon. John Mitchell, Individually and in Their Official Capacity; Thomas A. Kennelly, Individually and in His Official Capacity; Gerald Shur, Individually and in His Official Capacity; Benjamin R. Civiletti, Individually and in His Official Capacity; the United States Marshal'S Service; Wayne B. Colburn, Individually and in His Official Capacity; Five Unknown Agents of the United States Department of Justice, Individually and in Their Official Capacity; John Cameron, Individually and in His Official Capacity; the New York State Department of Correctional Services; Benjamin Ward, and His Predecessors in Office From 1967, Individually and in Their Official Capacity;..., 633 F.2d 599 (2nd Cir. 1980) Individually, and Thomas S. Leonhard, as Natural Parent and Legal Guardian Of: Michael Leonhard, an Infant, Stephan Leonhard, an Infant, and Karen Leonhard, an Infant, Plaintiffs-Appellants, v. the United States of America; United States Department of Justice; Hon. Griffin Bell, and His Predecessors in Office, To and Including Hon. John Mitchell, Individually and in Their Official Capacity; Thomas A. Kennelly, Individually and in His Official Capacity; Gerald Shur, Individually and in His Official Capacity; Benjamin R. Civiletti, Individually and in His Official Capacity; the United States Marshal'S Service; Wayne B. Colburn, Individually and in His Official Capacity; Five Unknown Agents of the United States Department of Justice, Individually and in Their Official Capacity; John Cameron, Individually and in His Official Capacity; the New York State Department of Correctional Services; Benjamin Ward, and His Predecessors in Office From 1967, Individually and in Their Official Capacity;...
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 14th day of February , two thousand and one.PRESENT:HON. ELLSWORTH VAN GRAAFEILAND, HON. GUIDO CALABRESI, HON. SONIA SOTOMAYOR, Circuit Judges.IRWIN EISENSTEIN, Plaintiff-Appellant, SUMMARY ORDER # 00-6051v.CHRISTIE WHITMAN, NEW JERSEY ADMINISTRATIVE OFFICE OF THE COURTS, PSI TECHNOLOGIES INC. (POLICY STUDIES INC.), JEB BUSH, JOHN DOE, JANE DOE, Defendants-Appellees.Page -1-For Appellant: Irwin Eisenstein, Brooklyn, NY, pro se For Appellees Whitman and New Jersey Administrative Office of the Courts: Michael J. Haas, Assistant Attorney General (George N. Cohen, on the brief), for John J. Farmer, Jr., Attorney General of New Jersey, Trenton, NJ.For Appellee Bush: Sara A. Genzel-Steffen, Assistant Attorney General, for Robert A. Butterworth, Attorney General of Florida, Tallahassee, FL.For Appellee PSI: Andrew W. Loewi, Brownstein Hyatt &Farber, P.C., Denver, CO.Appeal from the United States District Court for the Southern District of New York (Alvin K.Hellerstein, District Judge).UPON DUE CONSIDERATION, it is ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and hereby is AFFIRMED.Irwin Eisenstein appeals from the district court's (Hellerstein, J.) dismissal of his suit, under the False Claims Act ("FHA"), 31 U.S.C. § 3729, and 42 U.S.C. §§ 1983, 1985, and 1988 against Governor Jeb Bush, Governor Christine Whitman, the New Jersey Administrative Office of the Courts ("AOC"), and Policy Studies, Inc. ("PSI"). Eisenstein also appeals from the district court's denial of a motion for reconsideration, and moves this court for a writ of coram nobis, for sanctions, and for inclusion in the record of allegedly newly discovered evidence.As the district court found, Bush, Whitman, and the AOC lack sufficient contacts with New York to establish personal jurisdiction. 1 In addition, because the FCA bars courts from In the original order, the district court dismissed the claim against Bush for lack of venue. In subsequent orders, however, the court clarified that the claim was dismissed for lack of personal Page 2hearing qui tam suits based on publicly disclosed information where the plaintiff was not an original source of the information, there is no subject matter jurisdiction over PSI as to the FCA claims. We also agree with the district court that because PSI is not a state actor and did not act under color of state law or as part of a conspiracy, Eisenstein's claims under §§ 1983, 1985, and 1988 must fail.Finally, the district court correctly determined that Eisenstein's allegations of fraud against PSI were wholly conclusory and did not satisfy the heightened pleading requirements for fraud set out in Rule 9(b)of the Federal Rules of Civil Procedure.2Denial of Eisenstein's motion for reconsideration was well within the district court's discretion.See Devlin v. Transp. Communications Int'l Union, 175 F.3d 121, 132 (2d Cir.1999) (stating that the standard of review for denial of a motion for reconsideration is abuse of discretion).We have considered all of plaintiff's arguments, and find them to be without merit. The judgment of the district court is therefore AFFIRMED, and all of Eisenstein's motions to this court are DENIED.jurisdiction.The district court did not explicitly address Eisenstein's claims against John Doe and Jane Doe.When, however, an action is dismissed as to all defendants who have been served and only unserved defendants "remain," as is the case here, the entry of a final judgment is not precluded "since there is no basis for believing there will be any further adjudications in the action, or . . . for holding the dismissals subject to revision." Leonhard v. United States, 633 F.2d 599, 608 (2d Cir. 1980).Page 3For the Court, ROSEANN B. MACKECHNIE Court Clerk by: Page 4Try vLex for FREE for 3 days
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