Ellen Mariani’s attorney, Bruce Leichty, attempted on 5/29/13 to file a Petition For Rehearing En Banc of the 5/15/13 order of the Second Circuit Federal Court of Appeals (which strongly castigated both him and Ellen, alleging that he was “anti-Semitic” and that he had acted in “bad faith” and that he had filed frivolous briefs). However, the clerk of the court, Catherine Wolfe, refused to file it and sent Bruce a Notice Of Defective Filing. However, Bruce argues that she was overstepping her authority in doing this because she based her position on a legal analysis of some of the details of the motion, details which were argued inside that motion. That is a decision that should be made by a judge, not a clerk of the court. (See discussion in the MEMORANDUM OF APPELLANT ELLEN MARIANI IN SUPPORT OF EMERGENCY MOTION FOR ORDER OVERRULING NOTICE OF DEFECTIVE FILING, ALLOWING FILING OF PETITION FOR EN BANC REHEARING, AND FOR RECALL OF MANDATE IF NEEDED.) Bruce called her and tried to discuss the matter with her. She hung up on him. (See Bruce’s affidavit [after the Memorandum of law], paragraphs 3-5.) Bruce was forced to file an additional motion just to try to get the Petition For Rehearing En Banc filed and considered. (That motion includes the following documents as attachments: the Notice Of Defective Filing; the Petition For Rehearing En Banc; the Second Circuit Court of Appeals’s 5/15/13 order; and the Second Circuit Court of Appeals’s 6/26/12 order. That motion also includes an affidavit from Bruce which refutes many of the false positions contained in the 5/15/13 order [in particular see pages 8-17 of that affidavit].)
Vincent Gillespie was interviewed on Inside The Eye Live! with Dennis Fetcho on 6/1/13. You can listen to that interview by clicking here.
The Second Circuit does not hear cases En Banc – it is the courts tradition not to.
Thanks for your comment, Frank Rosa. My understanding is that on very rare occasions the Second Circuit does grant such petitions. Note that Ellen Mariani and her attorney Bruce Leichty knew ahead of time that the odds were greatly against the petition being granted. Also, the odds, and the powers that be, have been heavily against Ellen throughout her legal struggles.