Goney et al v. SuttonPark Capital LLC et al

Filing 56

ORDER DENYING MOTION TO STRIKE denying 49 Letter Motion to Seal; terminating 50 Letter Motion for Leave to File Document; terminating 52 Motion to Strike docket entry and document 49 FIRST LETTER MOTION to Seal addressed to Ju dge Alvin K. Hellerstein from SuttonPark Capital LLC and SuttonPark Structured Settlements LLC dated 03/24/2021. filed by SuttonPark Structured Settlements LLC, SuttonPark Capital LLC, 50 FIRST LETTER MOTION for Leave to File Exhibit to Let ter Motion Under Seal addressed to Judge Alvin K. Hellerstein from SuttonPark Capital LLC and SuttonPark Structured Settlements LLC dated 03/24/2021. filed by SuttonPark Structured Settlements LLC, SuttonPark Capital LLC, 52 FIRST MO TION to Strike Document No. [1, 18, 31, 37, 39] . filed by SuttonPark Structured Settlements LLC, SuttonPark Capital LLC from the record. The judgment of dismissal in favor of Defendants, and Plaintiffs' appeal divestsme of jurisdi ction. Furthermore, a district judge cannot dictate what may, or may not, appear ina brief to the Court of Appeals. Defendants' letter motion to strike is therefore denied. TheClerk of Court shall terminate the open motions (ECF Nos. 49, 50, 52).SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/31/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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RODNEY GONEY, et al.,
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Plaintiffs,
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v.
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SUTTONPARK CAPITAL LLC, et al.,
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Defendants.
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ORDER DENYING MOTION
TO STRIKE
20 Civ. 5387 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
On January 19, 2021, I dismissed the complaint, and judgment was entered. See
ECF Nos. 45, 46. On January 29, 2021, Plaintiffs filed a notice of appeal. See ECF No. 48.
Defendants now ask me, by impermissible letter motion, to strike allegations of the complaint
that were insufficiently supported in the first instance. See ECF No. 49. Defendants anticipate
that Plaintiffs’ brief to the Court of Appeals will contain scandalous matters.
The judgment of dismissal in favor of Defendants, and Plaintiffs’ appeal divests
me of jurisdiction. Furthermore, a district judge cannot dictate what may, or may not, appear in
a brief to the Court of Appeals. Defendants’ letter motion to strike is therefore denied. The
Clerk of Court shall terminate the open motions (ECF Nos. 49, 50, 52).

SO ORDERED.
Dated:

March 31, 2021
New York, New York

________/s/ Alvin K. Hellerstein______
ALVIN K. HELLERSTEIN
United States District Judge