McCarthy v. Martinelli et al

New York Eastern District Court
Judge:Ann M Donnelly
Referred: James R Cho
Case #: 1:22-cv-07359
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331 Fed. Question
Case Filed:Dec 02, 2022
Terminated:Jan 17, 2023
Last checked: Wednesday May 31, 2023 5:17 AM EDT
Defendant
Frida Hasky
Defendant
Juan C. Varela et al
Defendant
Ricardo Martinelli Linars
Defendant
Luis E. Martinelli
Defendant
Varela et al
Defendant
Yacob
Plaintiff
Ana McCarthy
209 Spencer Street Apt. 2C
Brooklyn, NY 11205

GPO Feb 09 2023
ORDER. The plaintiff's motions for reconsideration and motion to amend her complaint are denied. The Court also certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the January 11, 2023 order dismissing the plaintiff's complaint would not be taken in good faith and denies the plaintiff's in forma pauperis application for purposes of appeal. Ordered by Judge Ann M. Donnelly on 2/9/2023. (DG)

Docket last updated: 03/05/2025 11:59 PM EST
Wednesday, July 05, 2023
21 21 appeal USCA Mandate Wed 07/05 1:00 PM
MANDATE of USCA as to11 Notice of Appeal filed by Ana McCarthy. IT IS HEREBY ORDERED that the appeal is dismissed effective March 22, 2023 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in District Court or, if District Court has denied in forma pauperis status, moves in this Court for in forma pauperis status. If appellant has filed the motion in District Court and the motion is pending, appellant must so advise this Court in writing by the same date. Issued as Mandate: 7/5/2023. USCA# 23-102. (VJ)
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Friday, March 24, 2023
order Order on Motion for Leave to Appeal In Forma Pauperis Fri 03/24 12:36 PM
ORDER denying19 Motion for Leave to Appeal in forma pauperis. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, because there are no non-frivolous issues to appeal. See Coppedge v. United States , 369 U.S. 438, 44445 (1962). Ordered by Judge Ann M. Donnelly on 3/24/2023. (CG)
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Thursday, March 23, 2023
20 20 notice Notice(Other) Thu 03/23 9:27 AM
NOTICE re19 MOTION for Leave to Appeal in forma pauperis Notice of Appeal. An appeal in the above-referenced case has been docketed in the Court of Appeals. According to the District Court docket sheet or other available information, appellant has moved for leave to proceed in forma pauperis in District Court on March 16, 2023 and that motion is pending. The appeal may not move forward until the motion is determined. Please direct the motion to the appropriate judge for determination. Upon the grant or denial of the motion, please enter the order and transmit it to the Court of Appeals. Notice: 3/23/2023. USCA# 23-102. (VJ)
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Friday, March 17, 2023
appeal Electronic Index to Record on Appeal Fri 03/17 11:57 AM
Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals.11 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)
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Thursday, March 16, 2023
19 19 motion Appeal In Forma Pauperis Fri 03/17 11:55 AM
MOTION for Leave to Appeal in forma pauperis11 Notice of Appeal by Ana McCarthy. (VJ)
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Wednesday, February 15, 2023
17 17 respoth Reply in Opposition Fri 02/17 10:50 AM
Response to the Court's re16 Order on Motion for Reconsideration filed by Ana McCarthy, plaintiff pro se. (RG)
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Thursday, February 09, 2023
16 16 3 pgs order Order on Motion for Reconsideration Order on Motion to Amend/Correct/Supplement Thu 02/09 4:13 PM
ORDER. The plaintiff's motions for reconsideration and motion to amend her complaint are denied. The Court also certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the January 11, 2023 order dismissing the plaintiff's complaint would not be taken in good faith and denies the plaintiff's in forma pauperis application for purposes of appeal. Ordered by Judge Ann M. Donnelly on 2/9/2023. (DG)
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Monday, January 30, 2023
15 15 misc Letter Thu 02/02 4:34 PM
Letter from Ana McCarthy, plaintiff pro se re: "Motion to address demand for judicial review". (RG)
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Thursday, January 26, 2023
14 14 motion Reconsideration Tue 01/31 10:56 AM
MOTION for Reconsideration re7 Memorandum and Order dated January 11,2023. (RG)
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Wednesday, January 25, 2023
13 13 appeal USCA Notice of Stay of Appeal Thu 01/26 8:53 AM
USCA Notice of Stay of Appeal as to11 Notice of Appeal filed by Ana McCarthy. A notice of appeal was filed in this case on January 24, 2023. Since at least one motion cited in FRAP 4(a)(4) has been filed in the District Court, this appeal is stayed pending resolution of the motion(s). USCA# 23-102. (VJ)
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Tuesday, January 24, 2023
appeal Electronic Index to Record on Appeal Tue 01/24 9:29 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.11 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)
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Monday, January 23, 2023
11 11 appeal Notice of Appeal Tue 01/24 9:24 AM
NOTICE OF APPEAL as to9 Clerk's Judgment,, by Ana McCarthy. (VJ)
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appeal Appeal Filing Fee Due Tue 01/24 9:28 AM
APPEAL FILING FEE DUE re11 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee . (VJ)
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Friday, January 20, 2023
10 10 respm Response to Motion Mon 01/23 12:05 PM
Memorandum in support to Motion re8 Emergency MOTION for Reconsideration re7 Order on Motion for TRO, Order on Motion for Service by Publication, Emergency MOTION to Amend/Correct/Supplement1 Complaint filed by Ana McCarthy, plaintiff pro se. (RG)
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Tuesday, January 17, 2023
9 9 order Judgment - Clerk Tue 01/17 9:47 AM
CLERK'S JUDGMENT dated 1/12/23 that the plaintiff's claims for compensation or other monetary relief related to a transaction involving land in the Republic of Panama are dismissed without prejudice for lack of subject matter jurisdiction; that the plaintiff's request for preliminary injunctive relief is also denied; that pursuant to 28:1915(a)(3), any appeal would not be taken in good faith; and that in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 1/12/2023 ) c/m w/appeals pkg. (RG)
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Friday, January 13, 2023
8 8 motion Reconsideration Amend/Correct/Supplement Fri 01/13 4:09 PM
Emergency MOTION for Reconsideration re7 Order on Motion for TRO,,,, Order on Motion for Service by Publication,,, , Emergency MOTION to Amend/Correct/Supplement1 Complaint filed by Ana McCarthy. (SG)
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Att: 1 Exhibit A-B,
Att: 2 Exhibit C-D,
Att: 3 Exhibit E-H
Wednesday, January 11, 2023
7 7 6 pgs order Order on Motion for TRO Order on Motion for Service by Publication Wed 01/11 9:23 AM
MEMORANDUM AND ORDER. The plaintiff's claims for compensation or other monetary relief related to a transaction involving land in the Republic of Panama are dismissed without prejudice for lack of subject matter jurisdiction. The plaintiff's request for preliminary injunctive relief is also denied. Although the plaintiff paid the filing fee, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully requested to enter judgment in favor of the defendants, dismiss this action and close this case, and send a copy of this Memorandum and Order to the plaintiff and note service on the docket. Ordered by Judge Ann M Donnelly on 1/11/2023. (DG)
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Monday, December 12, 2022
ORDER denying3 Motion to Seal Case. The pro se plaintiff does not make any arguments to support her motion to seal this case. Construing the plaintiff's claims liberally, the Court presumes that the plaintiff fears that the complaint may compromise her and her familys safety and security. This claim is too speculative to overcome the strong presumption of public access to judicial documents. See, e.g., Brown v. Hortons , No. 519-CV-1160, 2019 WL 4621936, at *2 (N.D.N.Y. Sept. 24, 2019); see also Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110, 119 (2d Cir. 2006). Accordingly the plaintiff's motion to seal this case is DENIED. Ordered by Judge Ann M. Donnelly on 12/12/2022. (CG)
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Wednesday, December 07, 2022
5 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (KD)
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4 4 NOTICE REQUESTING Missing Addresses for Defendants (KD)
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Friday, December 02, 2022
3 3 MOTION to Seal Case by Ana McCarthy. (KD)
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2 2 MOTION for Temporary Restraining Order by Ana McCarthy. (KD)
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1 1 COMPLAINT against Frida Hasky, Juan C. Varela et al, Ricardo Martinelli Linars, Luis E. Martinelli, Varela et al, Yacob, filed by Ana McCarthy. (KD)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibits
FILING FEE: $ 402, receipt number 100003305 (KD)
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