Update for June 18, 2013: The court issued an order dated 6/14/13 denying Ellen’s motion to overrule notice of defective filing and to allow filing of the Petition For Rehearing En Banc

The Second Circuit Federal Court of Appeals issued an order dated 6/14/13 which denied Bruce Leichty’s motion, dated 5/31/13, which sought to (1) overrule clerk Catherine Wolfe’s Notice Of Defective Filing dated 5/30/13 (which prevented Bruce from filing his Petition For Rehearing En Banc), and (2) to file the Petition For Rehearing En Banc of Ellen Mariani’s Appeal.  (A petition for rehearing “en banc” means that one is seeking to get a full panel of judges to review a decision, as opposed to just the small panel of judges who initially reviewed the appeal.)  In essence this means that this little cabal of judges along with clerk Wolfe are trying to make sure that no other judges besides them get to see Ellen Mariani’s appeal.  They are saying that Bruce does not even have a right TO FILE a Petition For Rehearing En Banc.  Only judges Susan Carney and Peter Hall have been permitted to review Ellen’s appeal, the same two judges whose vitriolic 5/15/13 order excoriated Bruce and Ellen and issued sanctions against each of them and condemned them as “anti-Semitic” for merely showing improper connections of Judge Hellerstein to the Israeli defendants in this case (in his filings dated 4/19/12).  (The Petition for Rehearing en Banc also sought review of the 6/26/12 summary order denying Ellen’s underlying appeal.)

Hey Judge Carney and Judge Hall, what are you afraid of?  Are you afraid that if other judges looked at this appeal they would see that your conduct was very unlawful and that it violated Ellen’s basic rights?

The conduct of these two judges constitutes abuse of power and it violates not only Ellen Mariani’s rights but it also even violates the rights of the court itself, since the other judges are wrongly being prevented from reviewing this case.

After Judge Hellerstein oversaw a process in which every single one of the approximately 100 cases which sought a trial (instead of taking the government hush money from the Victims’ Compensation Fund) after a family member died on 9/11 was forced to settle out of court without any trial, Judges Carney and Hall are doing all they can to stamp the legal life out of the one remaining case which is still trying to find justice in the courts.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s