DOJ-OGR-00019621.jpg
566 KB
Extraction Summary
4
People
2
Organizations
0
Locations
2
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
566 KB
Summary
This document is a legal filing arguing that the court lacks jurisdiction to hear an appeal by Maxwell. The argument is based on the 'final judgment rule' (28 U.S.C. § 1291), asserting that the order being appealed is not a final decision and does not qualify as an immediately appealable collateral order. The document notes that the Government filed a motion to dismiss the appeal on similar grounds on September 16, 2020.
People (4)
| Name | Role | Context |
|---|---|---|
| Giuffre | Party in a lawsuit |
Mentioned in the case name 'Giuffre v. Maxwell'.
|
| Maxwell | Party in a lawsuit / Appellant |
Mentioned in the case name 'Giuffre v. Maxwell' and as the individual whose appeal is being discussed.
|
| Van Cauwenberghe | Party in a cited case |
Mentioned in the case citation 'Van Cauwenberghe v. Biard, 486 U.S. 517, 522 (1988)'.
|
| Biard | Party in a cited case |
Mentioned in the case citation 'Van Cauwenberghe v. Biard, 486 U.S. 517, 522 (1988)'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Mentioned as having filed a motion to dismiss Maxwell's appeal for lack of jurisdiction.
|
| Courts of Appeals | Judicial body |
Mentioned in the context of its jurisdiction being limited by Title 28, United States Code, Section 1291.
|
Timeline (2 events)
2020-09-16
The Government filed a motion to dismiss Maxwell’s appeal for lack of jurisdiction and requested that the Court deny Maxwell’s motion for consolidation.
2d Cir.
Relationships (2)
They are opposing parties in the lawsuit 'Giuffre v. Maxwell'.
The Government filed a motion to dismiss Maxwell's appeal.
Key Quotes (3)
"Motion to Dismiss"Source
— The document (referring to the Government's motion)
(Used as a shorthand name for the Government's motion to dismiss Maxwell's appeal and deny consolidation.)
DOJ-OGR-00019621.jpg
Quote #1
"small class"Source
— The document (paraphrasing legal standard)
(Describing the type of decisions that constitute immediately appealable collateral orders, which Maxwell's Order allegedly does not fall into.)
DOJ-OGR-00019621.jpg
Quote #2
"final decisions of the district courts."Source
— Title 28, United States Code, Section 1291
(Quoted from the statute to define the jurisdictional limits of the Courts of Appeals.)
DOJ-OGR-00019621.jpg
Quote #3
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