The Bank of New York Mellon v. Amelio
- Katherine Failla
- 1:24-cv-06630
- U.S. District Court · Southern District of New York
- 2
In The Bank of New York Mellon v. Amelio, Judge Failla found no disqualifying financial interest and ordered Exhibit B from Amelio’s filing sealed.
The order affects Alfonso Amelio and the parties to the case by addressing Amelio’s supplemental filing, the court’s asserted financial interest, and the sealing of Exhibit B.
What happened
In The Bank of New York Mellon v. Amelio, Alfonso Amelio asked to provide additional written arguments supporting his notice removing the case to federal court. The court allowed the additional filing and later received his brief and supporting affirmation.
Amelio also briefly argued that the court had investments related to the plaintiff and asked the court to address that issue. The court explained that judges generally must step aside when they have a financial interest affected by a case, but ownership in a mutual or common investment fund does not count as ownership of the fund’s securities unless the judge helps manage the fund. The court found that it did not have a related financial interest.
The court ordered Exhibit B to Amelio’s supplemental filing to be filed under seal and stated that no more briefing was needed unless the court ordered it. Judge Katherine Polk Failla signed the order on January 16, 2025.
The detailed version
- The Bank of New York Mellon v. Amelio · No. 1:24-cv-06630
- Katherine Failla
- Jan. 16, 2025
Background
During a November 6, 2024 pretrial conference about Alfonso Amelio’s notice of removal, Amelio said that he wanted to submit supplemental briefing. The court granted that request and later extended the filing deadlines. It received Amelio’s supplemental brief and an affirmation supporting it.
Judicial-disqualification issue
Amelio included a one-sentence argument that the court had “investments related to the plaintiff” and asked the court to address that issue. The court cited the judicial-conduct rule requiring a judge to disqualify herself when she has a financial interest in the subject matter or a party, or another interest that could be substantially affected by the outcome.
The court also cited a prior decision explaining that ownership in a mutual or common investment fund holding securities is not a financial interest in those securities unless the judge participates in managing the fund. The court concluded that it did not have a financial interest related to The Bank of New York Mellon.
Ruling
The court ordered that Exhibit B to Amelio’s supplemental brief and affirmation be filed under seal. It also stated that no further briefing was necessary unless and until the court ordered it. This order addresses the asserted financial-interest issue and the filing of Exhibit B; the provided text does not state a ruling on the merits of Amelio’s notice of removal. Judge Katherine Polk Failla issued and signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.