Anwar et al v. Fairfield Greenwich Limited et al

Filing 1233

FINAL JUDGMENT AND ORDER AWARDING FEES AND EXPENSES as set forth in the GlobeOp Settlement. (Signed by Judge Victor Marrero on 11/22/13) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(ml)

PRO SE OFFICE

I •

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANIEL PATRICK MOYNIHAN UNITED STATES COURTHOUSE
500 PEARL STREET, ROOM 230
NEW YORK, NEW YORK 1 0007

Ruby J. Krajick
CLERK OF COURT

Date

No.

Re:

Civ. _ _ _ (

)

Dear Litigant:
Enclosed is a copy of the judgment entered in your case.
Should you disagree with the decision of the district court, you may request that a higher
federal court review your case by filing an appeal. You may appeal your case from the Southern
District of New York to the United States Court of Appeals for the Second Circuit by filing a
"Notice of Appeal" with the ProSe Office. Pursuant to Rule 4(a)(l) of the Federal Rules of
Appellate Procedure your notice of appeal must be filed within thirty (30) days of the date that the
judgment is entered onto the Court's docket, or sixty (60) days if the United States or an officer or
agency of the United States is a party.
If you wish to appeal the judgment but you are unable to file your notice of appeal within
the required time, you may make a motion for extension of time in accordance with the provisions
of Rule 4(a)(5) of the Federal Rules of Appellate Procedure. That rule requires that you show
"excusable neglect" or "good cause" for your failure to file your notice of appeal within the time
allowed. Any such motion must first be served upon the other parties and then filed with the Pro
Se Office no later than sixty (60) days from the date of entry of the judgment, or ninety (90) days
if the United States or an officer or agency of the United States is a party.
Please note that the notice of appeal is a one-page document containing your name, a
description of the final order or judgment (or part thereof) being appealed, and the name ofthe court
to which the appeal is taken (the Second Circuit). The notice of appeal does not include your
reasons or grounds for the appeal. Once your appeal is processed by the district court, your notice
of appeal will be sent to the Court of Appeals and a Court of Appeals docket number will be
assigned to your case. Once you receive a docket number from the Court of Appeals, all further
questions regarding your appeal must be directed to that court.
The filing fee for a notice of appeal is $455 payable in cash, by credit card, or by bank
check, certified check, or money order, made payable to "Clerk of Court, S.D.N.Y." No personal
checks are accepted. If you are unable to pay the $455 filing fee, you may request that the Judge
grant you in forma pauperis status and waive the appeal fee. You make this request by submitting
an application to proceed in forma pauperis on appeal with your notice of appeal to the Pro Se
Office. If the Judge has certified that an appeal would not be taken in good faith pursuant to 28
U.S.C. § 1915(a)(3), you must submit an application to proceed in forma pauperis on appeal even
if you have been previously granted in forma pauperis status by the district court.

Ruby J. Krajick
Clerk of Court

By

1: c---Deputy Clerk

Rev. 0512010

PRoSE OFFICE

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANIEL PATRICK MOYNIHAN UNITED STATES COURTHOUSE
500 PEARL STREET, ROOM 230
NEW YORK, NEW YORK 10007

Ruby J. Krajick
CLERK OF COURT

HOW TO APPEAL YOUR CASE TO THE
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Should you disagree with the decision of the district court, you may request that a higher
federal court review your case by filing an appeal. You may appeal your case from the Southern
District of New York to the United States Court of Appeals for the Second Circuit by filing a "Notice
of Appeal" with the ProSe Office. Pursuant to Rule 4(a)(l) of the Federal Rules of Appellate
Procedure your notice of appeal must be filed within thirty (30) days of the date that the judgment
is entered onto the Court's docket, or sixty (60) days if the United States or an officer or agt<ncy of
the United States is a party.
If you wish to appeal the judgment but you are unable to file your notice of appeal within the
required time, you may make a motion for extension of time in accordance with the provisions of
Rule 4(a)(5) of the Federal Rules of Appellate Procedure. That rule requires that you show
"excusable neglect" or "good cause" for your failure to file your notice of appeal within the time
allowed. Any such motion must first be served upon the other parties and then filed with the Pro Se
Office no later than sixty (60) days from the date of entry of the judgment, or ninety (90) days if the
United States or an officer or agency of the United States is a party.
Please note that the notice of appeal is a one-page document containing your name, a
description of the final order or judgment (or part thereof) being appealed, and the name of the court
to which the appeal is taken (the Second Circuit). The notice of appeal does not include your reasons
or grounds for the appeal. Once your appeal is processed by the district court, your notice of appeal
will be sent to the Court of Appeals and a Court of Appeals docket number will be assigned to your
case. Once you receive a docket number from the Court of Appeals, all further questions regarding
your appeal must be directed to that court.
The filing fee for a notice of appeal is $455 payable in cash, by credit card, or by bank check,
certified check, or money order, made payable to "Clerk of Court, S.D.N.Y." No personal checks
are accepted. If you are unable to pay the $455 filing fee, you may request that the Judge grant you
in forma pauperis status and waive the appeal fee. You make this request by submitting an
application to proceed in forma pauperis on appeal with your notice of appeal to the Pro Se Office.
If the Judge has certified that an appeal would not be taken in good faith pursuant to 28 U.S.C. §
1915(a)(3), you must submit an application to proceed in forma pauperis on appeal even if you have
been previously granted in forma pauperis status by the district court.

Rev. 05/20/0

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

(in the space above enter thejull name(s) oj the plamtifj(s}lpetltloner(s).)

Civ. _ __

(_jLJ

-againstNOTICE OF APPEAL
IN A CIVIL CASE

(In the space above enter the full name(s) of the defendant(s)lrespondent(s).)

Notice is hereby given that ________________________
(party)

hereby appeals to the United States Court of Appeals for the Second Circuit from the Judgment

(describe the judgment)

entered in this action on the _ _ _ _ _ day of _ _ _ _ _ _ _ , 20_ __
(date)

(month)

(year)

Signature

Address

City, State & Zip Code

DATED: - - - - - - - - ' 20_
Telephone Number
NOTE: To take an appeal, this form must be received by the ProSe Office of the Southern District of New York within thirty
(30) days of the date on which the judgment was entered, or sixty (60) days if the United States or an officer or agency of the
United States is a party.

Rev. 05/2007

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

(In the space above enter the full name(s) of the plaintifj(s)/petitioner(s).)

-against-

Civ. _ _

LJ (_)

REQUEST TO PROCEED
IN FORMA PAUPERIS
ON APPEAL

(In the space above enter the full nameM of the defendant(:,)lrespondent(s).)

I,
, (print or type your name) am the plaintiff/petitioner in the
above entitled case and I hereby request to proceed in forma pauperis on appeal and without- being required
to prepay fees or costs or give security. I state that because of my poverty I am unable to pay the costs of
said proceeding or to give security therefor, and that I believe I am entitled to redress.
The issues I desire to present on appeal are the following: _ _ _ _ _ _ _ _ __

I.

If you are presently employed:
a) give the name and address of your employer
b) state the amount of your earnings per month

2.

If you are NOT PRESENTLY EMPLOYED:
a) state the date of start and termination of your last employment
b) state your earnings per month
YOU MUST ANSWER THIS QUESTION EVEN IF YOU ARE INCARCERATED.

Rev. 07/2007

1

3.

Have you received, within the past twelve months, any money from any source? If so, name the
source and the amount of money you received.

a) Are you receiving any public benefits?

D

b) Do you receive any income from any other source?

4.

No.

D

Yes, $

No.

D

Yes, $ ______ _

Do you own any apartment, house, or building, stock, bonds, notes, automobiles or other property?
If the answer is yes, describe the property and state its approximate value.
D

6.

D Yes, $________

Do you have any money, including any money in a checking or savings account? If so, how much?
D

5.

D

No.

No.

D

Yes,

$

Do you pay for rent or for a mortgage? If so, how much each month?
0

No.

0

Yes,

7.

List the person(s) that you pay money to support and the amount you pay each month.

8.

State any special financial circumstances which the Court should consider.

Rev. 0712007

2

I understand that a false statement or answer to any question in this declaration shall subject me to the
penalties for perjury.

I declare under penalty of perjury that the foregoing is true and correct.

Signed this _______ day of _ _ _ _ _ _ _ _ _ , _ _ _ .
year

month

date

Signature

Let the applicant proceed on appeal without prepayment of cost or fees or the
necessity of giving security therefor.

United States District Judge
DATED:

' 20
_______ ,New York

Rev. 07/2007

3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

(in the space above enter the}ull name(s} o} the plazntif}(sVpetltzoner(s).}

Civ. _ _ __ (_)(_)
-against-

MOTION FOR AN EXTENSION
OF TIME TO FILE A NOTICE
OF APPEAL

(In the space above enter thefullname(s) of the defendant(;)/respondent(s).)

Pursuant to Rule 4(a) (5) of the Federal Rules of Appellate Procedure, _ _ _ _ _ _ _ _ __
(party)

respectfully requests leave to file the within notice of appeal out of time. _ _ _ _ _ _ _ _ _ _ _ __
(party)

desires to appeal the judgment in this action entered on _ _ _ _ _ _ _ _ _ _ _ _ _ _, but failed to
(date)

file a notice of appeal within the required number of days because:

(Explain here the "excusable neglect" or "good
cause" which led to your failure to file a notice of appeal within the required number of days.)

DATED: - - - - - - - - ' 20_
Signature

Address

City, State & Zip Code

Telephone Number
NOTE: You may use this form, together with a copy of the Notice of Appeal, if you are seeking to appeal a judgment and did not
file a copy of the Notice of Appeal within the required time. If you follow this procedure, these forms must be received in the
Pro Se Office no later than sixty (60) days from the date on which the judgment was entered, or ninety (90) days if the United
States or an officer or agency of the United States is a party.

Rev. 1012010