Plaintiff-Appellant, SUMMARY ORDER v. KOFI ANNAN, U. N. Secretary General, et al., JAMSHEED MARKER, Pakistan U. N. Mission Consulate and Governmental entities Representatives, et al., UNITED NATIONS, and Other Burtis v. Annan Page AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY (2nd Cir. 2005)

Federal Circuits, 2nd Cir. (January 25, 2005)

Docket number: 03-9170

Permanent Link: http://vlex.com/vid/kofi-annan-jamsheed-consulate-18537818
Id. vLex: VLEX-18537818

Click here to download this article in graphic format (Acrobat Reader)

Document language

Request manual translation

Search in this document

Document options

Citations:

Loading article preview... cerrar

U.S. Court of Appeals for the 2nd Cir. - in Re Anthony R. Martin-Trigona, Movant. in Re George Sassower, Movant., 9 F.3d 226 (2nd Cir. 1993)

U.S. Court of Appeals for the 2nd Cir. - George Sassower, Plaintiff-Appellant, v. Matthew D. Sansverie, Denis Dillon, J. Kenneth Littman, Kenneth M. Cozza, Robert Rivers, Mary Rita Wallace, Gerald R. Podlesak, Daniel J. Moore, Nicholas H. Politan, Robert Abrams, Wilfred Feinberg, Charles L. Brieant, William C. Conner, Eugene H. Nickerson, Francis T. Murphy, Milton Mollen, Joseph W. Bellacosa, Xavier C. Riccobono, Ira Gammerman, Donald Diamond, Ernest L. Signorelli, Anthony Mastroianni, Kreindler & Relkin, P.C., Citibank, N.A., Lee Feltman, Feltman, Karesch, Major & Farbman, Nachamie, Kirschner, Spizz & Levine, P.C., Rashba & Pokart, Howard M. Bergson, Reisman, Peirez, Reisman, & Calica, Clapp & Eisenber, P.C., Rothbart, Rothbart & Kohn, Samuel A. Alito, Jr., Hugh Leonard, Sills, Cumis, Zuckerman, Radin, Tishman, Epstein, & Gross, P.C., Berlin, Kaplan, Dembling & Burke, P.C., Peter Sordi, and Myriam J. Altman, Defendants-Appellees., 885 F.2d 9 (2nd Cir. 1989)

U.S. Court of Appeals for the 2nd Cir. - Transaero, Inc., Plaintiff-Appellee-Cross-Appellant, v. La Fuerza Aerea Boliviana, an Agency or Instrumentality of the Republic of Bolivia, a Foreign State, Defendant-Appellant-Cross-Appellee., 162 F.3d 724 (2nd Cir. 1998)

See other documents that cite the same legislation

Text:

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER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 Thurgood Marshall United States Courthouse, Foley Square, in the City of New York, on the 25th day of January, two thousand and five.

PRESENT:

HON. PIERRE N. LEVAL, HON. CHESTER J. STRAUB, HON. ROBERT A. KATZMANN, Circuit Judges, FARIDA BURTIS, Plaintiff-Appellant, SUMMARY ORDER -v.- No. 03-9170

KOFI ANNAN, U.N. Secretary General, et al., JAMSHEED MARKER, Pakistan U.N. Mission Consulate and Governmental entities Representatives, et al., UNITED NATIONS, and Other Concerned U.N. Officials and U.N. Affiliated Persons, et al., U.N. CORRESPONDENTS, et al., BOUTROS GHALI, MR.

JOSEPH CONNOR, KARL PASCHKE, MS. BARBARA DIXON, Defendants-Appellees.

Farida Burtis, pro se, Elmhurst, NY Appearing for Plaintiff-Appellant:

Amicus Curiae: David J. Kennedy, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, on the brief), New York, NY Appeal from the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge).

AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.

Farida Burtis, pro se, appeals from an order of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge), denying her motion to reconsider the dismissal of her complaint that the Defendants conspired to discriminate against her and retaliated against her in violation of Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act.

The grant or denial of a Rule 60(b) motion for relief from a final judgment is reviewed for abuse of discretion. See Transaero, Inc. v. La Fuerza Aerea Boliviana, 162 F.3d 724, 729 (2d Cir. 1998), cert. denied, 526 U.S. 1146 (1999). The District Court properly denied Burtis's motion because Burtis failed to present any new evidence as to the merits of her employment discrimination complaint sufficient to justify reinstatement of her complaint.

Burtis also moves to correct several of this Court's docket sheet entries where the United States is referred to as counsel for Defendants, rather than as amicus curiae. The United States has appeared in this case only as amicus curiae; the Defendants have continuously asserted their immunity from this suit and have never entered an appearance. A review of the docket sheet, and the records of this Court shows that, in two instances the docket sheet entries are incorrect. The United States Attorney is erroneously listed as counsel for Defendants and the docket sheet entry for May 25, 2004 incorrectly notes that the Defendants moved for an extension of time when the motion was actually made by the United States as amicus curiae. Accordingly, Burtis's motion for corrections shall be granted with respect to these two entries.

This appeal is Burtis's fifth appeal from the dismissal of her 1998 employment discrimination complaint, and it restates arguments previously rejected by this Court. See Burtis v. Annan, No. 01-9040, 64 Fed. Appx. 326 (2d Cir. May 29, 2003); Burtis v. Annan, Nos. 00-

7252, 00-9046, 00-9310, 7 Fed. Appx. 104 (2d Cir. Apr. 5, 2001). Burtis is warned that future frivolous filings may result in sanctions. See Sassower v. Sansverie, 885 F.2d 9, 11 (2d Cir.

1989); see also In re Martin-Trigona, 9 F.3d 226, 229 (2d Cir. 1993).

For the reasons set forth, the order of the District Court is AFFIRMED, and Appellant's motion to correct this Court's docket is GRANTED IN PART.

FOR THE COURT:

ROSEANN B. MACKECHNIE, CLERK BY: DATE: