Iosilevich v. Walmart Inc.
- Vincent Briccetti
- 7:22-cv-04757
- U.S. District Court · Southern District of New York
- 1
In Iosilevich v. Walmart, Judge Briccetti granted two dismissal motions, denied another, denied amendment, and closed the case.
Plaintiff Ilya Feliksovich Iosilevich and defendants Walmart Inc., Joseph Negron, Kevin P. Bruen, John T. Reicherter, and Westchester County Government were affected by the dismissal rulings, denial of amendment, and closure of the case.
What happened
In Iosilevich v. Walmart Inc., the court entered judgment after relying on its January 12, 2024, opinion and order. The judgment does not state the underlying claims or the reasons for the rulings.
The court granted the motions to dismiss under Rules 12(b)(1) and 12(b)(6), but denied the motion under Rule 12(b)(5). It also denied Iosilevich’s request to amend the complaint, denied permission to appeal without paying filing fees, and closed the case.
Judge Vincent Briccetti was the judge identified for Iosilevich v. Walmart Inc. The judgment also stated that any appeal would not be taken in good faith.
The detailed version
- Iosilevich v. Walmart Inc. · No. 7:22-cv-04757
- Vincent Briccetti
- Jan. 16, 2024
Rulings
The court entered judgment based on the reasons given in its Opinion and Order dated January 12, 2024. The judgment itself does not describe the claims or explain the grounds discussed in that earlier opinion.
The court ruled as follows:
- It granted the motions to dismiss under Rules 12(b)(1) and 12(b)(6). Rule 12(b)(1) concerns the court’s power to hear a case, while Rule 12(b)(6) concerns whether a complaint states a legally sufficient claim. - It denied the motion to dismiss under Rule 12(b)(5), which concerns proper delivery of the lawsuit papers. - It denied Iosilevich’s request for permission to amend the complaint. - It certified that an appeal would not be taken in good faith and therefore denied permission to appeal without paying filing fees.
Disposition
The case was closed. The judgment does not use the phrases “with prejudice” or “without prejudice.”
Judge
Judge Vincent Briccetti is identified as the judge in the case materials.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.