Pedotti v. Mount Sinai

Background

Holiday Oljii Anna Pedotti, II, filed this action without a lawyer. On September 26, 2022, the Court dismissed her complaint as frivolous. After that dismissal, she filed multiple letters, motions, and a memorandum seeking to amend the complaint and obtain reconsideration or other relief.

The Court liberally treated those filings as motions under Federal Rule of Civil Procedure 59(e), which allows a party to ask the court to alter or amend a judgment; Federal Rule of Civil Procedure 60(b), which allows relief from a judgment or order for specified reasons; and Local Civil Rule 6.3, which provides for reconsideration in the Southern District of New York.

Court’s analysis

For Rule 59(e) and Local Civil Rule 6.3, the Court explained that Plaintiff had to show that the Court overlooked controlling law or factual matters previously presented. The Court found that she had not made that showing and denied her motions under both Rule 59(e) and Local Civil Rule 6.3.

The Court also considered relief under Rule 60(b). It found that Plaintiff had not shown that any of the grounds in the first five parts of that rule applied, including mistake, newly discovered evidence, misconduct, a void judgment, or satisfaction or reversal of the judgment. The Court also denied relief under Rule 60(b)(6), finding that Plaintiff had not shown extraordinary circumstances warranting relief.

Rulings and effect

Judge Laura Taylor Swain denied Plaintiff’s motions to amend her complaint, for reconsideration of the dismissal, and all other outstanding requests for relief. The Clerk was directed to terminate the motion filed on October 18, 2022, and all other matters were terminated. The action is closed.

The Court stated that its earlier warnings remained in effect, including a warning that continued nonmeritorious or frivolous litigation could lead to an order barring Plaintiff from filing new actions without prior permission. The Court also stated that it would accept only documents directed to the United States Court of Appeals for the Second Circuit and could require Plaintiff to show cause why she should not be barred from filing further documents in this action if she submitted additional frivolous or meritless materials.

Finally, the Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to appeal without paying filing fees.