BALDINGER v. FERRI et al

Filing 164

MEMORANDUM AND ORDER denying 127 Patisso's Motion to Disqualify Counsel Howard Teichman as counsel for Bruce Baldinger; denying 143 Motion for Reconsideration to Vacate Default against National Fraud Constable; denying 154 Patisso's Cross Motion to Strike the Answer to Complaint, Counterclaim; denying 157 Patisso's Motion to Strike and Emergency Referral to Chief Judge Stuart Rabner for Emergent Action. Signed by Judge Peter G. Sheridan on 12/8/2011. (gxh)

UNITED STATES DISTRICT COURT
FOR THE IMSTRICT OF NEW JERSEY
BRUCE F. BALDINGER
Civil Action No.lO-cv3 122
V.

MEMORANDUM AND ORDER
i’vIATTE() PAT1SSO, el al.
Defendant.

Befbre the Court are thur motions filed by DeIndant. Matieo Palisso (Patisso). Each of these
motions is addressed below.
I.

Defendant Patisso seeks to disqualify 1-loward Teichman from representing Bruce

I3aldinger. Esquire (Baldinger). More specifically, Patisso argues that Mr. Teichrnan does not have
a legal office established in New Jersey in violation of the Rules of Professional Conduct 5.5 and
other professional conduct issues.
Apparently Mr. Teichman practices law with Plaintiff Baldinger at Baldingers office in
Morristown. New Jersey. As such, Patissos argument does not have merit. The motion to disqualify
is denied.

2.

Patisso moves to strike the pleadings by Mr. Teichman because Mr. Teichman failed

to file a notice of appearance.

However. Mr. Teichman has entered his appearance 1w filing

pleadings in this case and appearing at hearings. As such. Patissos motion to strike the pleadings is
unreasonable and is denied.

3.

On September 26, 2011, Patisso filed another motion to strike pleadings arid to seek

an “emergency referral to Chief Justice Rabner of the New Jersey Supreme Court for emergency
action” allegedly because Baldinger and Teichman “were charged with crimes”,

It appears that

Patisso refers to a New York case where Teichman allegedly committed “perjury” by lying to a court
Although Patisso notified that Court of the alleged perjury, no action against Mr. Teichman was
undertaken. Therefore, Patissos motion to strike pleadings and to seek emergency referral to Chief
Judge Rabner is denied.
4.

Patisso requests by way of a motion that I reconsider my decision not vacate default

judgment against the National Fraud Constable. Patisso relies upon the same arguments set forth
in paragraph 1 above. Since motions to reconsider are only granted sparingly and the argument is
specious, it

is denied.

AK Stamping Co., Inc., v, Instrument Specialties Co., Inc., 106 F. Supp. 2d 627, 662 (D.N.J.

2000) (quoting NL Indus., Inc., v. Commercial Union Ins. Co., 935 F. Supp. 513, 516 (D.N.J. 1996)).

IT IS on this

gth

day of December, 2011;

ORDERED:
1.

Patisso’s motion to Disqualify Counsel Howard Teichman as Counsel for Bruce

Baldinger (docket entry 127) is denied;
2.

Patissos Cross Motion Strike Answer to Complaint, Counterclaim (docket entry 154)

is denied;
3,

Patisso’s motion to strike and emergency referral to Chief Justice Stuart Rabner for

Emergent Action (docket entry 157) is denied; and

3.

On September 26, 201 1, Patisso filed another motion to strike pleadings and to seek

an “emergency referral to Chief Justice Rabner of the New Jersey Supreme Court for emergency
action allegedly because Baldinger and Teichman were charged with crimes”.

It appears that

Patisso refers to a New York case where Teichman allegedly committed “perjury” by lying to a court.
Although Patisso notified that Court of the alleged perjury, no action against Mr. Teichman was
undertaken. Therefore, Patissos motion to strike pleadings and to seek emergency referral to Chief
Judge Rabner is denied.
4.

Patisso requests by way of a motion that 1 reconsider my decision not vacate default

judgment against the National Fraud Constable. Patisso relies upon the same arguments set forth
in paragraph 1 above. Since motions to reconsider are only granted sparingly and the argument is
specious, it is denied. A. K. Slumping Co., Inc., v. Instrument Specialties Co. Inc., 1 06 F. Supp. 2d

627, 662 (D.N.J. 2000) (quoting NL Indus., Inc., v. (‘ommercial Union Ins. Co., 935 F. Supp. 513,
516 (D.N.J. 1996)).
IT IS on this 8t} day oF December. 201 1:
ORDERED:
Patissos motion to Disqualify Counsel Howard Teichman as Counsel for Bruce
Baldinger (docket entry 127) is denied;
2.

Patissos Cross Motion Strike Answer to Complaint, Counterclaim (docket entry 154)

is denied:
3.

Patisso’s motion to strike and emergency referral to Chief Justice Stuart Rabner fbr

Emergent Action (docket entry 157) is denied; and

I

4.

Motion for Reconsideration to Vacate Default against National Fraud Constable

(docket enti 143) is denied.

01?
PETER G. ShERIDAN. LT.S.D.i.