The opinion
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MARK J. PELLECCHIA,
Plaintiff,
y Civil Action No. 23-21828 (GC) (JBD)
MEMORANDUM ORDER
PRINCETON UNIVERSITY,
Defendant.
Castner, U.S.D.J.
THIS MATTER comes before the Court upon pro se Plaintiff Mark J. Pellecchia’s May
16, 2024 Motion for “Injunction from Harassment.” (ECF No. 14.)
In this case, Plaintiff asserts claims against Princeton University for infliction of bodily
harm, intentional infliction of emotional distress, negligent infliction of emotional distress, and
invasion of privacy. (ECF No. 1 at 10.) Plaintiff alleges that he “gave almost 20 years to Princeton
University” and that he was subjected to harassment, much of which “was very subtle,” which
contributed to a diagnosis of complex post-traumatic stress disorder. (/d. at 9.) Plaintiff seeks
more than $500,000.00 in compensatory damages and $120,000,000.00 in punitive damages.
(ECF No. 7.) Princeton University moved to dismiss the Complaint on December 4, 2023, and
that motion is currently pending before the Court. (ECF No. 5.)
On May 16, 2024, Plaintiff filed a letter motion for an injunction. (ECF No. 14.) Plaintiff
lists in the caption a separate case that appears to be pending in the United States District Court
for the District of Colorado that involves Plaintiff and Fidelity Brokerage Services. (/d. at 1.) In
his motion, Plaintiff writes, among other things, that he has “roughly” $3,000.00 left and that his
life is “‘on hold” and he has “not been able to create meaningful relationships.” (/d.) Plaintiff
indicates that he may be forced to live out of his car and that he is struggling mentally. (/d.)
Plaintiff writes that he prefers not to take “state aid” because he is concerned that Defendant “may
attempt to use it against [him] in some way.” (/d.) Plaintiff asks for “a temporary hold on any
pending or future eviction at [his] current residence until this court matter comes to [a] conclusion.”
(id.) Plaintiff writes that he is “happy to work with the owners to make this possible.” (Id.)
Plaintiff also asks this Court and the district court in Colorado to see his case as soon as possible,
to “prevent... [him] from becoming homeless and to continue receiving his life saving medicine.”
(id. at 2.) Plaintiff has a section of the motion dedicated to the Colorado matter and the impact it
has had on his ability to trade on the markets. (/d. at 2.)
Based on the Court’s review, it does not find that Plaintiff's motion states a plausible basis
for the issuance of injunctive relief. See Hous. & Redevelopment Ins. Exch. v. Fudge, Civ. No.
22-1565, 2024 WL 1388983, at *4 (M.D. Pa. Mar. 29, 2024) (“When evaluating a motion for
preliminary injunctive relief, a court considers four factors: (1) has the moving party established a
reasonable likelihood of success on the merits (which need not be more likely than not); (2) is the
movant more likely than not to suffer irreparable harm in the absence of preliminary relief; (3)
does the balance of equities tip in its favor; and (4) is an injunction in the public interest?” (citation
omitted)).
The present action involves Plaintiff's claims that he was subjected to alleged harassment
while employed at Princeton University and his request for damages. It does not appear that
Plaintiff is currently employed at Princeton or that Princeton is Plaintiffs housing provider.
Indeed, Plaintiff lists his address as in Colorado. (ECF No. 14 at 3.) Thus, the Court does not
have jurisdiction to order Plaintiff's housing provider, who is seemingly not a party to this case
nor implicated by the claims in this case, to take any action on the record now before the Court.
The Court appreciates Plaintiff’s desire for his case to progress, and the Court will decide
the pending motion to dismiss in due course.
For the foregoing reasons, and other good cause shown,
IT IS on this 21st day of May, 2024, ORDERED as follows:
1. Plaintiffs Motion for Injunction (ECF No. 14) is DENIED without prejudice.
2 The Clerk is directed to TERMINATE the motion pending at ECF No. 14.
3. The Clerk is also directed to mail a copy of this Memorandum Order to Plaintiff
via regular United States mail.
ITED STATES DISTRICT JUDGE