Vincent L. Briccetti
How Judge Briccetti rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Briccetti decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A party seeking arbitration should itself honor the arbitration agreement; a material refusal to arbitrate can defeat a later effort to compel the other side into arbitration.
“defendant’s refusal to arbitrate constitutes a material breach of the Arbitration Agreement, and therefore defendant cannot compel arbitration.”
Procedural preferences
Late amendments face close scrutiny when discovery has closed and the new claims would require reopening discovery and delaying trial.
“Re-opening discovery will cause significant delay in the resolution of those claims and the resolution of the action as a whole.”
Cautions
He warns that knowingly submitting a fabricated government document is fraud on the court and can lead to dismissal with prejudice.
“Should discovery reveal plaintiffs knowingly submitted a fake government document to bolster their claims, such conduct would constitute a fraud upon the Court and will result in the dismissal of this case with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiffs’ motion for leave to amend the complaint is DENIED.”
“For the foregoing reasons, the Court DENIES defendants’ motion to dismiss the complaint (Doc. # 9).”
“Defendants’ motion for summary judgment is GRANTED.”
“Third-party defendant NuSil Technology LLC’s motion to dismiss the third-party complaint is GRANTED.”
“Defendants’ motions to dismiss are GRANTED.”
“Defendants’ motion to dismiss is GRANTED, and the parties are ordered to arbitrate plaintiffs claim under the Binding Arbitration Agreement.”
“For the foregoing reasons, plaintiffs’ motions for judgment on the pleadings are GRANTED and defendants’ motion are DENIED.”
“Defendants’ motion to dismiss is GRANTED as to (i) all claims against defendants Diaz, Smithson, and Astorino in their official capacities, and (ii) all claims *219against Diaz and Astorino in their individual capacities. Defendants’ motion to dismiss is DENIED as to (i) plaintiffs’ Monell claim against Westchester County, and (ii) plaintiffs’ Section 1983 claim against Smithson in her individual capacity.”
“Defendant’s motion for summary judgment is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 492 days (N = 6).
The six sampled civil matters were divided among labor and employment disputes, civil-rights cases, and one motion to vacate a sentence.
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