No. 22-7102

Towaki Komatsu v. NTT Data, Inc., et al.

Lower Court: Second Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion arbitration-costs civil-procedure civil-rights discovery-order due-process judicial-discretion res-judicata sanctions standing
Latest Conference: 2023-05-25
Question Presented (from Petition)

Whether redetermination is warranted of a) my claims in Komatsu v. NTT Data , Inc., No.
15-7007 (LGS)(S.D.N.Y. May 17, 2016) (hereinafter referred to as "K2"), b) the refusal by U.S.
District Judge Loma Schofield to recuse herself from K2, c) her decisions and orders in K2 since
5/17/16, and d) decisions and orders in Komatsu v. NTT Data , Inc., cv-030955-12/NY (Civ. Ct„
NY Cty.) (hereinafter referred to as "Kl") since 4/11/14 pursuant to findings in Montana v.
United States , 440 U.S. 147, 99 S. Ct. 970, 59 L. Ed. 2d 210 (1979) that are about an exception
to res judicata because reason exists to doubt the fairness, quality, and extensiveness of
procedures followed in K2 and Kl by Judge Schofield and others that partly include the U.S.
Court of Appeals for the Second Circuit (hereinafter referred to as the "Second Circuit" ).

Whether hindsight about the following material matters sufficiently establish that a) both
the filing restriction that Judge Schofield imposed against me through her 6/28/22 memo
endorsement in K2 and b) her refusal to grant me reconsideration about matters in K2 through
that order were an abuse of discretion that warrants immediate reversal of that memo
endorsement partly pursuant to FRCP Rule 60:1.

Whether the 6/9/17 decision by Judge Lisa Sokoloff in Kl confirms that arbitration by
me against NTT Data, Inc. had been had as a result of the fact that she acknowledged in it that I
a) was denied a fee waiver by the AAA to engage in that arbitration and b) had presented
information in Kl that confirmed that I lacked the financial ability to pay for the costs of
engaging in that arbitration.

Whether NTT and Credit Suisse waived their right to engage in ar

Question Presented (AI Summary)

whether-redetermination-is-warranted

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-06-24
Petition for Rehearing filed.
2023-05-30
Petition DENIED.
2023-05-17
Supplemental brief of petitioner Towaki Komatsu filed. (Distributed)
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-03-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)
2023-01-06
Application (22A601) granted by Justice Sotomayor extending the time to file until March 19, 2023.
2023-01-03
Application (22A601) to extend the time to file a petition for a writ of certiorari from January 18, 2023 to March 19, 2023, submitted to Justice Sotomayor.

Attorneys

Towaki Komatsu
Towaki Komatsu — Petitioner