The opinion of the court was delivered by: THOMAS GRIESA, Senior District Judge
Defendant Alberto Betancourt has moved for reconsideration or
vacating of this court's October 7 and October 29, 2004 orders
pursuant to Fed.R.Civ.P. 59(e) and Local Rule 6.3, as well as
for an order certifying an interlocutory appeal and a stay of
proceedings in this matter pending an interlocutory appeal or
petition for mandamus before the Second Circuit Court of Appeals.
Plaintiff Columbia University opposes these motions.
Defendant's motion for reconsideration or vacating of the
earlier orders is denied. Defendant's motion for certification of
an interlocutory appeal and a stay is denied as moot.
Plaintiff Columbia University brought this action against
defendant Alberto Betancourt in the Civil Court of the City of
New York alleging that defendant owes plaintiff unpaid tuition. On May 12, 2004
defendant removed the action to this federal district court.
Plaintiff promptly moved for an order remanding the action to the
state court. Plaintiff also sought an award of costs and
expenses, including attorney fees, incurred as a result of the
By an order dated October 7, 2004 this court granted both of
plaintiff's motions, and ordered plaintiff to submit an
application regarding the amount of costs and expenses. The fees
application will not be addressed in this opinion. The order
dated October 29, 2004 put into effect the October 7 order
regarding the remand.
Defendant promptly appealed the orders. On October 27 defendant
noticed his appeal of the October 7 order, and on December 1
defendant noticed his appeal of the October 29 order.
Also, on November 22, 2004 defendant moved for reargument,
reconsideration, or vacating of the October 7 and October 29
Finally, defendant filed a petition for mandamus in the Court
of Appeals on November 12, seeking an order disqualifying and
removing Judge Griesa from both this action and another action
involving Betancourt and Columbia University.
On November 15 defendant moved in the District Court for an order certifying an interlocutory appeal and for a stay of this
action pending the Court of Appeals' resolution of the petition
THE DECISIONS OF THE COURT OF APPEALS
On April 11, 2005 the Court of Appeals dismissed defendant's
appeals of the October 7 and October 29 orders "because they lack
an arguable basis in fact or law." The Trustees of Columbia
University v. Betancourt, No. 04-6362-cv (2d Cir. Apr. 11,
2005). The mandate issued on June 1, 2005.
Also on April 11, the Court of Appeals denied defendant's
motion for mandamus because petitioners failed to demonstrate a
clear abuse of discretion warranting such relief. In re: Ada
Rodriguez, et al., No. 04-5991-op (2d ...