In
SDNY Bignon Wants Expedited
Sentencing On Gun While Felon
Suppression Ruling Appealed
By Matthew
Russell Lee
SDNY COURTHOUSE,
April 9 –
Pleading
guilty to possessing a
firearm while a felon,
Damon Bignon
on April 9 nevertheless
kept open an avenue
for appeal of
the evidence
suppression
ruling against
him. Appearing
in shackles before
U.S.
District Court
for the
Southern District
of New York
Judge Jesse M.
Furman,
Bignon was eminently polite, saying Yes your
honor, thank you, your honor.
But he disagrees
with Judge
Furman's ruling
and wants to
appeal it. His
Federal Defenders
lawyer asked for an
expedited
sentencing -
something
another SDNY
judge earlier on
April 9 said
wasn't possible
due to the
underfunding of
the Probation
Department - and
Judge Furman to
his credit
agreed. Will
the Second Circuit
or Supreme
Court rule
for this
polite bi-polar
Bignon with a
firearm found
in his backpack
-- allegedly!
-- or not? Inner
City Press
will stay on
this case.
Some
business litigation draws dozens
of reporters, like that of Elon
Musk on April 4, and
some draws only one
reporter like on April 9
Apotex
Corp. v. Hospira
Healthcare India
Private Limited, 18-cv-04903-JMF.
There, with
Inner City
Press the only
media in the
courtroom,
Furman told
the half dozen
lawyers
assembled that
he had
initially been
inclined
one way on a dismissing
a motion to
dismiss, and
then the
other. The
lawyers had flown
in for this,
to tell
Judge Furman
about a plant
closed in
India and
the difficulty
of deposing
employees
there who no
longer work at
the closed
plant. Before
and
after them
there were
shackled
defendants
pleading
guilty and
being sentenced to
jail before
deportation to
Latvia. World
collide in the
SDNY. We'll
have more on
this.
On
April 4, Elon Musk appeared in Federal court to
oppose an SEC motion
that he be held in
contempt for his tweets
including about
500,000 Tesla cars in
2019. After nearly
two hours of argument
the SEC
and Musk's lawyers
were directed
to negotiate
for at least
one hour in
the next two
weeks and try
to reach a
settlement. SDNY Judge Alison
Nathan admonished
the SEC for not having
negotiated enough before
"running into court and saying
the sky was falling," as
Musk's lawyer
put it. Another member of Musk's
team, whom Inner
City Press in the
courtroom
dubbed Mister
Slick, moved to
sit between Musk
and the podium and
passed a note.
Afterward
Musk jumped
into a Tesla
with no front
place waiting
in Foley Square
and sped away.
Inner City
Press recorded
a Periscope video (here)
and headed
back into the
courthouse.
Watch
this site. As
a class action lawsuit
against BHH's rodent repellers creeps toward
trial or settlement, on
April 1in the the U.S.
District Court
for the
Southern District of
New York Judge
William Pauley
heard
arguments and
ruled on no
fewer than
14 motions in
limine. There
were nine from
the class
action plaintiffs,
mostly successful, and
five from the
defendant,
most unsuccessful.
During
the three
hours of
argument,
Judge Pauley said
today is not
the day to
admit
anonymous
customer reviews
from
Amazon.com
from the likes
of "TaterSpud59"
(whom he
referred to as
Tater Tot),
and said that
FTC press
releases dubious
about
repellers will or
would be
admissible at
trial, with a
possible
limiting
instruction.
There
was discussion
of experts
including a
Michigan State
University
protocol which
Judge Pauley
shot down, adding
that after MSU's
victory over
Duke, he is
not disposed
toward
them. Judge
Pauley took
more time listening
to arguments
than many
other judges
would, and
said he said
spent the
rainy Sunday -
on which Duke
was eliminated
from NCAA March
Madness -
to read all of
the papers.
The sense,
after the
mouse motion marathon,
was that the
plaintiffs are
in the driver's
seat, and that
the case may
settle. There
is a mediation
scheduled for
April 9 before
Hon. John S.
Martin (Ret). But
Inner
City Press
will be cover
it and what
happens in the
SDNY
either way. The case is
Hart, et
al. v. BHH,
LLC d/b/a Bell
+ Howell, et
al., 15-cv-04804;
class counsel
is Yitzchak
Kopel
and BHH is now
represented by
Quinn
Emanuel
We
were
also at Judge
Pauley's courtroom
on the news
there would be
a
proceeding in
US v Genovese,
a hedge fund
fraud
prosecution.
But it was not
there - once
we left the
courtroom
and retrieved
electronics,
we were
able to ask
and learned
Genovese
was adjourned
to April 10. We'll
have more on
this. Back
on February
15 when
Gustavo
Salvador pled
guilty to
selling oxycodon
in The Bronx
before SDNY
Judge Paul A.
Engelmayer, his two
lawyers tried to
argue for a
suspended
remand based
on the cold in
the MDC
Brooklyn.
Judge Engelmayer
turned them
down saying he
had personal
knowledge that
the heat was
back on; not
surprising.
Surprising,
though, was that
a Bronx oxy
dealer was
represented by
the white shoe
Goodwin
Proctor law
firm. Was it pro
bono? Their
representation
goes back at
least until
Thanksgiving,
before the MDC
Brooklyn
conditions
became public.
In the
audience, a
young child
then a baby
cried. The
volume of oxy
pills was in
the thousands,
according to
the
indictment.
The sentencing
guidelines run from
57 to 71 months.
Judge Engelmayer
said he
said something
else on his schedule
coming up, should
the sentencing
be
rescheduled?
It went
forward.
Goodwin
Proctor.
Later on
February 15: on
East 104th
Street in
Manhattan last
April 24,
multiple gunshots
to the chest
killed
17-year old
Samuel Ozuna.
A week later,
24-year old Gary
Turner was
arrested and
charged. When
Turner
on February
15 changed
his plea to
guilty in the
U.S. District
Court for the
Southern District of
New York, Azuna's
family members
sat on one
side of the courtroom.
On the other,
separted
by security
officers, were
supporters of
Turner. In the
back, the only
media in the room,
was Inner City
Press.
***
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