U.S. v. Agate

3 Citing cases

  1. United States v. Chierchio

    20-CR-306 (NGG) (E.D.N.Y. Sep. 14, 2020)

    Although a defendant may request to reassign a case to a judge handling a prior, related case, "Rule 50.3 and the other Local Rules . . . do not create any enforceable due process rights for defendants whose cases are subjected to the relation rule." United States v. Agate, No. 08-CR-76 (NGG), 2008 WL 699513, at *1 (E.D.N.Y. Mar. 13, 2008). The court, in consultation with Judge Cogan, does not find that the two cases are related such that reassigning the instant case would serve the interests of judicial efficiency or of justice.

  2. United States v. Brennerman

    17-cr-0155 (LAK) (S.D.N.Y. Aug. 8, 2017)   Cited 9 times
    Holding that the judge who issued the orders defendant violated and who referred the matter to the United States Attorney to consider whether to pursue criminal contempt was not required to recuse himself in the criminal contempt trial

    ss" in light of their identical provision that "[t]hese rules are adopted for the internal management of the case load of the court and shall not be deemed to vest any rights in litigants or their attorneys"); Chevron Corp. v. Donziger, No. 11-cv-0691 (LAK), 2011 WL 979609, at *2 & n.11 (S.D.N.Y. Mar. 7, 2011) ("[A]s the RDB clearly state, and as both the Second Circuit and this Court have held, no litigant would have any right to reassignment even if there had been a departure from the RDB."); United States v. Gonzalez, 421 F. Supp. 2d 727, 732 (S.D.N.Y. 2006) (same), vacated in part on different grounds, 421 F. Supp. 2d 392 (2d Cir. 2008); Gashi v. County of Westchester, No. 02-cv-6934, 2005 WL 195517, at *15 (S.D.N.Y. Jan. 27, 2005) (same); Nikac v. Pozzi, 172 F. Supp. 2d 414, 416 (S.D.N.Y. 2001) (same); Irish Lesbian & Gay Org. v. Giuliani, 918 F. Supp. 728, 729 (S.D.N.Y. 1996) (same); United States v. Int'l Bhd. of Teamsters, 697 F. Supp. 710, 712 (S.D.N.Y. 1988) (same); see also United States v. Agate, No. 08-cr-76, 2008 WL 699513 (E.D.N.Y. Mar. 13, 2008) (same); United States v. Astra Motor Cars, 352 F. Supp. 2d 370, 372 (E.D.N.Y. 2005) (same); United States v. Garces, 849 F. Supp. 852, 861 (E.D.N.Y. 1994) (same). Second, the RDB assignment provisions apply only to cases initiated by indictment or information, a fact ignored by defendants.

  3. United States v. Bonventre

    No. 10 Cr. 228 (LTS) (S.D.N.Y. May. 28, 2013)   Cited 2 times

    Nixon v. Diehm, No. 99 Civ. 9843 (KMW)(THK), 2000 WL 280009, at *2 (S.D.N.Y. March 14, 2000). See also Latino Officers Assoc. of New York, Inc. v. City of New York, No. 99 Civ. 9568 (LAK), 2000 WL 1030623, at *1 (S.D.N.Y. July 26, 2000) (finding motion seeking to transfer case to another judge pursuant to Court's internal rules "without basis" because rules conferred no rights on litigants); United States v. Davila-Bajana, 172 F.3d 38 (2d Cir. 1998) (complaint about reassignment of case under Eastern District assignment rules "legally baseless" in light of their identical provision that "[t]hese rules are adopted for the internal management of the case load of the court and shall not be deemed to vest any rights in the litigants or their attorneys"); United States v. Gonzalez, 421 F. Supp. 2d 727, 732 (S.D.N.Y. 2006) (same), vacated in part on different grounds, 291 F. App'x 392 (2d Cir. 2008); United States v. Agate, No. 08 Cr. 76, 2008 WL 699513 (E.D.N.Y. Mar. 13, 2008) (same). CONCLUSION