Opinion
17 Civ. 323 (LTS) (HBP)
07-19-2019
RASHEED INNIS, et al., Plaintiffs, v. THE CITY OF NEW YORK, et al., Defendants.
REPORT AND RECOMMENDATION
:
TO THE HONORABLE LAURA TAYLOR SWAIN, United States District Judge,
This was a civil rights action brought by plaintiffs under 42 U.S.C. § 1983. All claims against all defendants have been settled. Despite the settlement of all of plaintiffs' claims, a dispute remains concerning defendants' counsel's disbursement of the settlement funds that were payable to one of the plaintiffs.
Amy Rameau, Esq. was formerly counsel to plaintiff Charles Cherry; her application to withdraw as counsel for Mr. Cherry was granted on October 11, 2018 (Docket Item ("D.I.") 70). She did not request any type of lien on any settlement or judgment at the time she sought to withdraw. Despite the fact that her representation of Mr. Cherry terminated on October 11, 2018 she has submitted a letter dated June 12, 2019 (D.I. 75) in which she states that she sent a letter to defendants' counsel on November 14, 2018 directing that the settlement check for Mr. Cherry's claims be made payable to both her and Mr. Cherry. She further states that defendants' counsel instead issued the check payable to Mr. Cherry only and that Mr. Cherry subsequently cashed the check. It further appears that Mr. Cherry has failed to pay Ms. Rameau for her services and has failed to repay a litigation funding company that had advanced funds to Mr. Cherry. Ms. Rameau sought an Order directing defendants to pay her an additional $8,635.64 representing both her fees and out-of-pocket costs and the $4,259.53 that was advanced by the litigation funding company to Mr. Cherry.
Ms. Rameau's letter cited no legal authorities and did not explain how this Court has subject matter jurisdiction over the dispute or the legal basis for her claim. Her grievance appears to arise out of Mr. Cherry's alleged failure to pay his debts to the Ms. Rameau and the litigation funding company. It is not clear how Ms. Rameau has standing to assert any claim concerning Mr. Cherry's failure to repay the litigation funding company, nor is it clear how this Court has jurisdiction over this dispute.
Despite the questionable basis for her claim, I issued an Order on June 13, 2019 (D.I. 76) directing Ms. Rameau to submit a letter brief explaining the how the court had subject matter jurisdiction to consider her claim and the legal basis for her claim. Mr. Rameau was directed to make her submission by July 1, 2019. My June 13 Order further provided "[I]f Ms. Rameau fails to submit the letter brief required by this Order, I shall consider her claim to be abandoned" (underlining in original). I subsequently granted Ms. Rameau an extension to July 12, 2019 to make her submission.
Ms. Rameau has not made the submission required by June 13, 2019 Order. Accordingly, I respectfully recommend that her claim be denied as abandoned.
OBJECTIONS
Pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule 72 of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from receipt of this Report to file written objections. See also Fed.R.Civ.P. 6(a). Such objections (and responses thereto) shall be filed with the Clerk of the Court, with courtesy copies delivered to the Chambers of the Honorable Laura Taylor Swain, United States District Judge, 500 Pearl Street, Room 1640, New York, New York 10007, and to the Chambers of the undersigned, 500 Pearl Street, Room 1670, New York, New York 10007. Any requests for an extension of time for filing objections must be directed to Judge Swain. FAILURE TO OBJECT WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. Thomas v. Arn, 474 U.S. 140, 155 (1985); United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 57-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983) (per curiam). Dated: New York, New York
July 19, 2019
Respectfully submitted,
/s/_________
HENRY PITMAN
United States Magistrate Judge Copies transmitted to: All Counsel