Woodmont Ramapo, LLC v. Parks
- Vincent Briccetti
- 7:23-cv-00594
- U.S. District Court · Southern District of New York
- 1
In Woodmont Ramapo v. Parks, Judge Briccetti ordered the plaintiff to re-serve filings on Parks at his docketed address.
Woodmont Ramapo, LLC must re-serve its previously served papers on Anthony Parks at the address listed on the federal docket; Parks is affected by the corrected service and by the denial of permission to proceed without paying fees for an appeal.
What happened
Woodmont Ramapo, LLC v. Parks concerns an action that Anthony Parks removed from the Justice Court of the Town of Ramapo. Parks was representing himself and had asked to proceed without paying court fees. Woodmont Ramapo later asked the federal court to send the case back to state court.
The court found that Woodmont Ramapo had mailed its filings to 717 Woodmont Lane, Sloatsburg, New York, while Parks’s address on the federal docket was 130 W. Pleasant Avenue, #327, Maywood, New Jersey. The opinion does not decide Woodmont Ramapo’s request to send the case back to state court.
The court ordered Woodmont Ramapo to re-serve all previously served papers on Parks at the docketed address and file proof of service by May 23, 2023. Judge Vincent L. Briccetti also ruled that any appeal from this order would not be taken in good faith and denied Parks permission to proceed without paying fees for an appeal.
The detailed version
- Woodmont Ramapo, LLC v. Parks · No. 7:23-cv-00594
- Vincent Briccetti
- May 19, 2023
Background
On January 23, 2023, Anthony Parks removed the action from the Justice Court of the Town of Ramapo to the U.S. District Court for the Southern District of New York. The order states that Parks was proceeding without a lawyer and without paying court fees. On March 17, 2023, Woodmont Ramapo, LLC moved to send the action back to state court.
Service issue
The court had extended the deadlines for Parks to respond to the motion and for Woodmont Ramapo to file any reply. After reviewing Woodmont Ramapo’s proofs of service, the court determined that Woodmont Ramapo had mailed the motion and a proposed supporting order to 717 Woodmont Lane, Sloatsburg, NY 10974. Parks’s address on the federal docket was 130 W. Pleasant Ave., #327, Maywood, NJ 07607.
Ruling
The court directed Woodmont Ramapo, by May 23, 2023, to re-serve all previously served papers on Parks at the address listed on the docket and to file proof of service. The order does not rule on the motion to send the action back to state court. Judge Vincent L. Briccetti certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for the purpose of an appeal. The court also stated that its chambers would mail Parks a copy of the order at the docketed address.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.