United States of America v. Salten et al

Filing 112

ORDER denying 108 Motion to Amend/Correct/Supplement; finding as moot 111 Motion for Extension of Time to File Response/Reply. Counsel for the Government, Thomas A. McFarland, Esq., is hereby ORDERED to serve a copy of this Order on Defendants and to file proof of service within seven (7) days. The Clerk of Court is directed to (1) terminate the appearance of Mr. McFarland on behalf of Defendant Howard Salten, which appears to have been entered in error, and (2) terminate Mr. Salten's motion for an extension, which is now moot. So Ordered by Judge Joanna Seybert on 4/29/2013. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
UNITED STATES OF AMERICA,
Plaintiff,
-against-

ORDER
03-CV-0578(JS)(ARL)

HOWARD SALTEN and MARGARET SALTEN, and
if not living their heirs-at law, if
any, PATRICIA SALTEN also known as
Patricia Lynch, and JOHN DOE #1
through #10,

Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Thomas A. McFarland, Esq.
United States Attorney’s Office
Eastern District of New York
610 Federal Plaza
Central Islip, NY 11788
For Defendants:
Howard Salten

Howard Salten, pro se
P.O. Drawer 5066
Southampton, NY 11969

For remaining
Defendants

No appearances.

SEYBERT, District Judge:
Pending before the Court is Plaintiff United States of
America’s
pursuant

(the
to

“Government”)

Rule

15(a)(2)
a

of
new

the
party

to

amend

Federal
for

its

Rules

Defendant

Complaint
of

Civil

Procedure

to

Salten.1

This case, however, is now closed as judgment was

1

substitute

motion

Margaret

Also pending is pro se Defendant Howard Salten’s request for an
extension of time to oppose the Government’s motion.

entered in favor of the Government on April 19, 2007, and the
Second Circuit has explicitly held that “[a] party seeking to
file

an

amended

complaint

postjudgment

must

first

have

the

judgment vacated or set aside pursuant to FED. R. CIV. P. 59(e) or
60(b).”

Ruotolo v. City of N.Y., 514 F.3d 184, 191 (2d Cir.

2008); see also Williams v. Citigroup Inc., 659 F.3d 208, 212-13
(2d Cir. 2011); Nat’l Petrochem. Co. of Iran v. M/T Stolt Sheaf,
930 F.2d 240, 245 (2d Cir. 1991).

Thus, as the Government is

not seeking to vacate the previously entered judgment, the Court
may

not

entertain

Petrochem.,

930

the

F.2d

pending

at

245.

motion

to

amend.

Accordingly,

the

See

Nat’l

Government’s

motion is DENIED.
Counsel for the Government, Thomas A. McFarland, Esq.,
is hereby ORDERED to serve a copy of this Order on Defendants
and to file proof of service within seven (7) days.
The Clerk of the Court is directed to (1) terminate
the appearance of Mr. McFarland on behalf of Defendant Howard
Salten, which appears to have been entered in error, and (2)
terminate Mr. Salten’s motion for an extension, which is now
moot.
SO ORDERED.

Dated:

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.

April
29 , 2013
Central Islip, NY
2