ROBINSON v. PNC BANK et al

Filing 45

MEMORANDUM OPINION AND ORDER that Plaintiff Robinsons motions [Docket Items 42 & 43 in 2:13-cv-07818, and Docket Items 24 & 25 in 2:14-cv-05676] are DENIED to the extent these motions seek review by, or reassignment of these cases to, the undersigned; The rest of Plaintiffs arguments in said motions remain before the Honorable Stanley R. Chesler. Signed by Chief Judge Jerome B. Simandle on 04/18/2017. (ek)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
HELENE R. ROBINSON,
Plaintiff,
v.

Civil No. 2:13-cv-0781'a (SRC-CLW)

PNC BANK and LINDEN
VOLKSWAGEN,
Defendants.
and
HELENE R. ROBINSON,
Plaintiff,
Civil No. 2:14-cv-05676

(SRC-CLW)

v.
PNC BANK,
Defendant.

MEMORANDUM OPINION AND ORDER
SIMANDLE, Chief Judge:
These matters come before the undersigned Chief Judge upon
motions filed by Plaintiff Mary Robinson, seeking the
intervention of the undersigned with regard to these civil
actions that are assigned to the Honorable Stanley R. Chesler in
the Newark vicinage, namely:
•

Motion to Reopen Case [Docket Item 42 in 2:13-cv07818];

•

Motion to Inspect the Unsigned Motor Vehicle Retail
Sales Contract [Docket Item 43 in 2:13-cv-07818];

•

Motion to Reopen Case [Docket Item 24 in
2:14-cv-05676]; and

•

Motion to Inspect the Unsigned Motor Vehicle Retail
Sales Contract [Docket Item 25 in 2:14-cv-05676];

Plaintiff's motions express her dissatisfaction with the
decisions of Judge Chesler in these related cases, and Plaintiff
seeks to have the undersigned

~review

and reopen the above

referenced cases," see Notice of Motion [Docket Item 42 in
2:13-cv-07818 and Docket Item 24 in 2:14-cv-05676].
Judge Chesler had earlier determined that Plaintiff
Robinson's dispute with a car dealer and bank were subject to
arbitration under the parties' agreement, as explained in his
Opinion and Order of April 30, 2014

[Docket Items 17 & 18 in

2:13-cv-07818], as well as in his Opinion and Order of January
21, 2015 [Docket Items 37 & 38 in 2:14-cv-07818 and Docket Items
17 & 18 in 2:14-cv-05676].

Plaintiff appealed the dismissal

order in 2:14-cv-05676, which was affirmed by Judgement of the
Court of Appeals filed November 23, 2015 [see Docket Item 22 in
2:14-cv-05676].
Meanwhile, the underlying dispute went to arbitration and
recently Defendant PNC Bank has filed motions to reopen
2:13-cv-07818 and to confirm the arbitration award [Docket Items
39 & 40 in 2:13-cv-07818] on March 9, 2017, which motions are
pending before Judge Chesler.
Addressing only Plaintiff's present motions seeking for the
undersigned Chief Judge to reopen and review these cases, these
requests will be denied.

Review of the Orders of a District

Judge is available only by proper appeal to the Court of Appeals;

2

there is no procedure for a Chief District Judge to review the
determinations made by a fellow District Judge.
To the extent Plaintiff Robinson's motions could be
interpreted as a request to have these cases reassigned from
Judge Chesler to the undersigned, that request will be denied.

A

Chief Judge has authority to reassign cases from one District
Judge to another under Local Civil Rule 40.l(e) pertaining to
reallocation (from one vicinage to another) and reassignment
(from one judge to another).

There is no just cause to reassign

these cases from Judge Chesler's docket.

He has handled both

matters from their inception and is most familiar with them and
both dockets demonstrate the fact that he has given careful
consideration to the matters assigned to him.

That one party or

another is dissatisfied with a judge's rulings is not a reason to
reassign a case.

Moreover, a party does not have a right to

choose the judge who will hear his or her case.
Finally, with regard to Ms. Robinson's desire to review the
matters heard in arbitration, Judge Chesler's prior opinion of
January 21, 2015 indicated:

"To the extent Plaintiff later

wishes to challenge any determination made in the arbitration
proceedings, such an argument would be appropriate once a motion
to confirm or deny the arbitration is made."
21, 2015 at pp. 4-5.

Opinion of January

Such issues are for Judge Chesler, not the

undersigned, to decide.

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Accordingly, IT IS this

18th

day of April, 2017 hereby

ORDERED that Plaintiff Robinson's motions [Docket Items 42 &
43 in 2:13-cv-07818, and Docket Items 24 & 25 in 2:14-cv-05676]
are DENIED to the extent these motions seek review by, or
reassignment of these cases to, the undersigned; the rest of
Plaintiff's arguments in said motions remain before the Honorable
Stanley R. Chesler.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Court

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