ROGERS v. MELLMAN et al

Filing 13

MEMORANDUM OPINION AND ORDER denying 11 Motion to "File Notice of Appeal", and/or "Motion To File Notice of Appeal As Within Time"; and/or Objection To Plaintiff's Notice of Motion For Entry of Final Judgment and/or Motion to File Objection to Plaintiff's Notice of Motion For Entry of Final Judgment. Signed by Judge Noel L. Hillman on 7/14/2017. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

LUIS G. ROGERS,
Plaintiff,
v.

CIVIL NO. 16-1832 (NLH/AMD)

MARTIN H. MELLMAN and GOLD
GERSTEIN GROUP, LLC,

MEMORANDUM OPINION & ORDER

Defendants.
APPEARANCES:
Luis G. Rogers
123 Colonial Road
Beverly, NJ 08010
Pro Se Plaintiff
Charles Patrick Montgomery
Douglas F. Johnson
Earp Cohn P.C.
20 Brace Road
4th Floor
Cherry Hill, NJ 08034
Attorneys for Defendants

HILLMAN, District Judge
WHEREAS, on July 7, 2016, this Court granted Defendants’
motion to dismiss Plaintiff’s complaint because Defendants were
entitled to quasi-judicial immunity, and because Plaintiff’s
complaint was duplicative of the action already pending before
this Court and it was therefore an unnecessary drain on judicial
and receivership resources (Docket No. 9, 10.); and
WHEREAS, over six months later, Plaintiff filed a motion as
a “precautionary measure,” and styled it as a “Motion to File

Notice of Appeal, and/or Motion to File Notice of Appeal As
Within Time, and/or Objection to Plaintiff’s Notice of Motion
for Entry of Final Judgment and/or Motion to File Objection to
Plaintiff’s Notice of Motion for Entry of Final Judgment”
(Docket No. 11 at 3); and
WHEREAS, it appears that Plaintiff’s motion is also asking
this Court to stay of all litigation against him, in this Court,
the U.S. Bankruptcy Court, the Third Circuit Court of Appeals,
and in the New Jersey Superior Court “before it is too late;
before my adversaries completely destroy me and my family”
(Docket No. 11 at 9-10); and
WHEREAS, the Court first points out that Plaintiff’s
request regarding an appeal of this Court’s July 7, 2016 Opinion
dismissing his complaint does not comply with Fed. R. App. P.
4(a)(1), (6); and
WHEREAS, for Plaintiff’s requests regarding the entry of
final judgment, no such judgment can be entered in this case
since Plaintiff’s complaint was dismissed; and
WHEREAS, for Plaintiff’s request that the Court stay all
litigation against him, the Court cannot entertain his request
(1) because his case was dismissed, which extinguished this
Court’s jurisdiction over his case and any relief he sought
through this action, and (2) because Plaintiff has not
articulated any basis under the Federal Rules or case law that
2

supports the availability of the relief requested in Plaintiff’s
motion;
Therefore,
IT IS on this

14th

day of

July

, 2017

ORDERED that Plaintiff’s “Motion to File Notice of Appeal,
and/or Motion to File Notice of Appeal As Within Time, and/or
Objection to Plaintiff’s Notice of Motion for Entry of Final
Judgment and/or Motion to File Objection to Plaintiff’s Notice
of Motion for Entry of Final Judgment” [11] be, and the same
hereby is, DENIED.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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