Opinion
23 Misc. 205 (LGS)
01-18-2024
UNITED STATES OF AMERICA, Plaintiff, v. DAVID BARTECK, Defendant.
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE:
WHEREAS, on August 15, 2023, Defendant Barteck filed a letter request for a pre-motion conference to file a motion to vacate the judgment. On August 22, 2023, Claimant Consolidated Edison Company of New York, Inc., filed a response. It is hereby
ORDERED that these letter submissions will be deemed a motion to vacate the judgment; the parties may file any additional argument in connection with the motion no later than February 2, 2024, at which point the motion will be considered fully briefed. If a party files additional argument in connection with the motion, the party is encouraged to include caselaw from this Circuit regarding whether eligibility for registration under 28 U.S.C. § 1963 depends on the nature of the judgment or the form of the originating action, and caselaw in which a court approved or rejected a petitioner's attempt to register monetary restitution from a criminal sentence under Section 1963.