Wednesday, November 18, 2015

Falco Dismissal: Judge Arico's Opinion



Surprise! 

GA's got the dismissal ruling of US District Court Judge Madeline Cox Arico in Anthony P. Falco v Dawn Zimmer, et.al.   Take  my word, it's a whole lot of mumbo-jumbo.  If you want to steer clear of mumbo jumbo, GA will break it down for you.

The Opinion begins with the Court's summary of the case "Facts."


You got that?

Plaintiff Falco filed an "instant action" on March 18, 2013.  (Ask yourself: if it was so "instant," how come it's not over?)

Then on February 5, 2015 Falco upgraded the instant action to 42 causes of action.  Wow.

If you didn't know, a "cause of action" is the heart of a Plaintiff's case.  Without an adequately stated "cause of action," a Judge can shit-can a case before it gets out of the gate.  Sometimes, the Judge  shit-cans it at the end, calls it "approaching a fraud on the court" and a "SLAPP suit disguised as a defamation case." After that, Plaintiffs pay Defendants' enormous legal fees.
"Cause of action n. the basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute. Examples: to have a cause of action for breach of contract there must have been an offer of acceptance; for a tort (civil wrong) there must have been negligence or intentional wrongdoing and failure to perform; for libel there must have been an untruth published which is particularly harmful; and in all cases there must be a connection between the acts of the defendant and damages.  
So Plaintiff Falco filed a pile of 'boo-hoo' and 'waaaah' in Federal Court chock full of  bubba meisas* (*Yiddish-"bullshit") like this one:
Contrary to Chief Falco’s claim in his pleadings that he received no payment whatsoever upon retirement (a claim the Judge accepted as true for the purpose of deciding the motion) he was mailed a retirement check from the City on September 10, 2014. The Chief in fact was provided with a $153,551.19 retirement benefit which after deduction of Federal and State taxes resulted in a net payment of $104,414.81. Chief Falco chose not to deposit that check and returned it to the City. He then claimed in his court filings that he had received no payment at all.
Pants-on-Fire Truth-o-meter credit: Dr. Anthony Petrosino's  "Education Project" blog

Uh-oh!

Anyway, Plaintiff Falco's claims were so voluminous, they had to be grouped!   The Court broke Falco's claims  into alleged violations of Federal Law, and alleged violations of NJ State Law:



With me so far, people?

I am going to skip over a whole lot of mumbo-jumbo to the ending.

The US. District Judge shit-canned all of Plaintiff Falco's claims relating to violations of federal law, then dismissed Falco's state-law claims, while declining federal jurisdiction over them. This means that Falco can file what is left of his state-law claims in state court.  

In spite of  dismissed ('without prejudice') state-law claims, GA heard one legal professional's assessment of the ruling: "The Judge gutted the complaint."

Well, here it is, the Honorable Judge Madeline Cox Arico's Opinion:

12 comments:

  1. Hoboken has had a long list of cops that do things that make people cringe in embarrassment.


    ReplyDelete
  2. Total waste of time and money. What happened to just being a decent person, doing your job and retiring with dignity (and a $150k check!)? No, he's got to try and get a "little extra" courtesy of the city.

    Let this judgment be a warning to all the other shady characters looking to scam the city. How about just earning an honest living, is that so hard?

    ReplyDelete
    Replies
    1. Shady is what the OG does best. Not one of that cabal wants to put in an honest day's work for an honest day's pay. Pretty sad they ran Hoboken for so long and so many current residents still bend over backwards to help them retain what little power they still have. And yeah, that includes the idiots that support HoLa and that voted for Madigan. Good job there folks!

      Delete
    2. It's the idiots spouting the anti-HoLa anti-charter rants who elected Montgomery for sure and probably also Madigan.

      Good job there folks. Its time to smarten up. The next election could cost the majority.

      Delete
    3. Anon at 3:12, by "smarten up" do you mean pay for illegal VBM's as they most likely did? The "anti-hola rants" as you say, are mostly because the majority of the population is disgusted by the fact that they didn't start this school honestly, they didn't obtain the space honestly, they don't behave honestly with their budget and appointees, and they can't win elections honestly.

      Yes, let's smarten up.

      Delete
    4. The lawsuit and anti-charter anti-HoLa rants cost the school Board ticket hundreds of votes from voters who came out to support reform candidates for City Council. Addys lost by about 30. You do the math.

      Yet instead of learning, you bring HoLa into a thread about Falco having nothing to do with schools much less HoLa.

      I guess some folks will never smarten up. Let's hope in the next school board election it's not our children who pay the price

      Delete
    5. To 5:39. It was 3:12 who brought in the HoLa stuff onto this thread. No one else.Not true: Reach Higher won in all but 1st and 3rd wards. Then... in came the vbm landslide from ward 4. That tanked Addys and Sheillah. Madigans ticket was managed by Romano. He (Romano) will pay the political price. Romano owns Madigan. Britney, a former teacher, may be guided by her better angels and surprise us all. Madigan, no chance. Romano is over in Hoboken.

      Delete
  3. he'll need that 104k just to pay his legal fees

    ReplyDelete
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    ReplyDelete
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