New York State Correctional Officers & Police Benevolent Association, Inc. et al v. State of New York et al
| Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West and New York State Correctional Officers & Police Benevolent Association, Inc |
| Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State and Local Retirement System and State of New York |
| 1:2011cv01523 |
| December 28, 2011 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Mae A D'Agostino |
| Christian F Hummel |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 62 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 47 Motion for Judgment on the Pleadings; Accepting in part and Rejecting in part Report and Recommendations re # 55 Report and Recommendations. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/15. (ban) |
| TEXT NOTICE of CORRECTION OF TEXT in 61 Order on Letter Request, The prior text order indicated that the 60 days to file a motion to consolidate begins after the District Judge rules on objections in a companion case. The order should have properly reflected that the motion being filed was one for class certification and not consolidation. The text order has been modified accordingly. (aaf, ) |
Filing 61
TEXT ORDER granting # 59 Letter Request to the extent that the sixty (60) days in which to file any motion for class certification begins to run when the District Judge rules on the objections filed in the Roberts v. State of New York (12-CV-46) case. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 8/27/14. (aaf, ) Modified on 8/28/2014 to change "motion for consolidation" to "motion for class certification" (aaf, ).
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| Filing 60 RESPONSE TO LETTER BRIEF filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna as to # 59 Letter Request/Motion, filed by David L. Faile, New York State Correctional Officers & Police Benevolent Association, Inc., Diane Davis, Art W. Jolley, Louis Giampaglia, Al Mothershed, William J. West, Donn Rowe . (Lynch, Helena) |
| Filing 59 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting clarification of motion filing deadline for class certification, or alternatively for an extension of time submitted to Judge Hummel . (Mans, Jeffrey) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the docket text in the # 58 docket entry to reflect that the filing is an Objection and not an Appeal of Magistrate Judge's Decision. The Clerk also removed the Motion hearing, Response, and Reply deadlines. No responses to be filed. (ban) |
| Filing 58 OBJECTION to Magistrate Judge Hummel's Report-Recommendation by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna re # 55 REPORT AND RECOMMENDATIONS re # 47 MOTION for Judgment on the Pleadings filed by Robert L. Megna, Andrew M. Cuomo, J. Dennis Hanrahan, Patricia A. Hite, Caroline W. Ahl, Thomas P. DiNapoli Motion Hearing set for 9/16/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/2/2014 (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Certificate of Service)(Engel, Justin) Modified on 8/17/2014 (ban). |
| Filing 57 NOTICE of Appearance by Justin L. Engel on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Engel, Justin) |
| Filing 56 NOTICE of Appearance by Helena Lynch on behalf of All Defendants (Lynch, Helena) |
| Filing 55 REPORT AND RECOMMENDATIONS: Recommending Defendants' # 47 MOTION for Judgment on the Pleadings be DENIED. Objections to R&R due by 8/11/2014. Signed by Magistrate Judge Christian F. Hummel on 7/25/2014. (amt) |
| Filing 54 REPLY to Response to Motion re # 47 MOTION for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Sprague, Laura) |
| Filing 53 TEXT ORDER REFERRING MOTION: It is hereby ORDERED that pursuant to 28 U.S.C. 636(B), Fed. R. Civ. P. 72, and Local Rule 72.3, Defendants' # 47 MOTION for Judgment on the Pleadings filed by Robert L. Megna, Andrew M. Cuomo, J. Dennis Hanrahan, Patricia A. Hite, Caroline W. Ahl, Thomas P. DiNapoli, be REFERRED to Magistrate Judge Christian F. Hummel for the issuance of a Report-Recommendation and Order. Signed by U.S. District Judge Mae A. D'Agostino on 7/10/14. (ban) |
| Filing 52 RESPONSE in Opposition re # 47 MOTION for Judgment on the Pleadings Plaintiffs' Memorandum of Law in Opposition to State Defendants' Rule 12(c) Motion filed by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Attachments: # 1 Appendix)(Mans, Jeffrey) |
| Minute Entry (FTR recorded 10:30 am - 10:50 am) for proceedings held on the record before Magistrate Judge Christian F. Hummel: Discovery Conference held on 7/3/2014 regarding docket #45, plaintiff's letter motion dated May 20, 2014. Appearances: Jeffrey P. Mans, Esq., Laura Sprague, AAG. Plaintiff's letter request dated 5/20/14 is granted. Defendant Cuomo is to respond to plaintiff's outstanding interrogatories by August 11, 2014. (Court Reporter: Lisa Tennyson) (cjm, ) |
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Filing 51
TEXT ORDER: Discovery Conference presently scheduled for June 26, 2014 at 10:30 is reset for 7/3/2014 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 6/24/14. (cjm, )
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Filing 50
TEXT ORDER granting [Dkt #45] Letter Request, Discovery Conference set for 6/26/2014 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 6/17/14. (cjm, )
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| Filing 49 TEXT ORDER granting # 48 Letter Request: ORDERED that the Return date for the # 47 Motion for Judgment on the Pleadings is reset for 7/15/14 (ON SUBMIT) before Judge D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response due 7/8/14; Reply due 7/15/14. Signed by U.S. District Judge Mae A. D'Agostino on 6/11/14.(ban) |
| Filing 48 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting an extension until July 8, 2014, to respond to defendants' FRCP Rule 12(c) motion (Dkt. 47) submitted to Judge D'Agostino . (Mans, Jeffrey) |
| Reset Deadlines as to # 47 MOTION for Judgment on the Pleadings . Motion Hearing is reset for 7/15/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 7/8/2014; Reply to Response to Motion due by 7/15/2014. (ban) |
| Filing 47 MOTION for Judgment on the Pleadings Motion Hearing set for 7/1/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/16/2014 Reply to Response to Motion due by 6/20/2014. filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Attachments: # 1 Memorandum of Law, # 2 Appendix of unreported cases, # 3 Declaration of service) (Sprague, Laura) |
| Filing 46 RESPONSE to Motion re # 45 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting a discovery filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Sprague, Laura) |
| Filing 45 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting a discovery conference pursuant to L.R. 7.1(b)(2) submitted to Judge Christian F. Hummel . (Mans, Jeffrey) |
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Filing 44
TEXT ORDER denying # 40 Letter Request. On March 12, 2014, the Court issued an Order setting a briefing schedule for the filing of a Motion to Amend the Complaint and a later Motion Seeking Class Certification. Dkt. No. # 39 . The Order further stayed discovery, with limited exceptions, pending a decision on any Motion to Amend the Complaint and any Motion Seeking Class Certification. Dkt. No. # 39 . By letter motion dated March 18, 2014, Plaintiffs seek reconsideration of the Court's general stay of discovery. Dkt. No. # 40 . Defendants have opposed that request. Dkt. No. # 41 . On March 19, 2014, Plaintiffs filed a letter in further support of the Motion for Reconsideration. Dkt. No. # 42 . The Court has considered Plaintiffs' motion for reconsideration and it is DENIED for the reasons set forth on the record by the Court on March 11, 2013. As the scope of this matter will not be determined until a decision on a Motion to Amend and a Motion Seeking Class Certification, conducting extensive discovery at this time serves no legitimate purpose. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 4/4/14. (aaf, )
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| Filing 43 NOTICE of Appearance by Rachel M. Kish on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Kish, Rachel) |
| Filing 42 REPLY to Response to Motion re # 40 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting reconsidera filed by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Mans, Jeffrey) |
| Filing 41 RESPONSE to Motion re # 40 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting reconsidera filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Sprague, Laura) |
| Filing 40 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting reconsideration of general stay of discovery (Dkt. 39) submitted to Judge Hummel . (Mans, Jeffrey) |
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Filing 39
ORDER: Pursuant to the 3/11/2014 conference, it is Ordered that to the extent that any plaintiffs wish to file a Motion to Amend, such requests are GRANTED, Motions to Amend shall be filed by 3/28/2014, Response papers shall be filed by 5/28/2014, Reply papers shall be filed by 6/9/2014. To the extent that any plaintiffs wish to file a Motion for Class Certification, such requests are GRANTED. Motions for Class Certification shall be filed within 60 days of the Court's decision on the Motions to Amend, Response paper shall be filed within 60 days of the filing of any Motion for Class Certification, any Reply papers shall be filed within 14 days of the response papers. Discovery shall be HELD IN ABEYANCE pending resolution of the pending motions to amend except that plaintiffs may conduct limited discovery as noted herein. Signed by Magistrate Judge Christian F. Hummel on 3/12/2014. (jmb)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel (FTR Recorded: 10:30-11:00): Appearances: Jeffrey Mans, Esq., Laura Sprague, Esq. Discovery Hearing held on 3/11/2014. Plaintiffs' counsel indicates clients wish to move for class certification. Briefing schedules set as follows: Motion to amend schedule set as follows: Motions to be filed by 3/28; Responses by 5/28; Replies by 6/9. Motion for class certification schedule set as follows: Motions to be filed within 60 days of Court's decision on motion to amend; responding papers to be filed within 60 days of motion for class certification; reply papers to be filed within 14 days of responding papers. Discovery held in abeyance with limited exception regarding names of individuals involved in 1982 and 1983 collective bargaining agreements and their successors. Mid-Discovery Status conference scheduled for 3/21/14 is cancelled. Written order to follow. (Court Reporter Lisa Tennyson) (aaf, ) |
| Filing 38 NOTICE of Appearance by Laura A. Sprague on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Sprague, Laura) |
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Filing 37
TEXT ORDER granting [Dkt # 36] Letter Request, Pre-Motion Filing Conference set for 3/11/2014 10:30 AM in person in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 2/24/14. (cjm, )
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| Filing 36 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting a pre-motion conference submitted to Judge Hummel . (Mans, Jeffrey) |
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Filing 35
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/21/2014. Amended Pleadings due by 3/20/2014. Discovery due by 7/21/2014. Motions to be filed by 10/31/2014. Signed by Magistrate Judge Christian F. Hummel on 10/22/13. (cjm, )
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on 10/18/2013. Appearances: Jeffrey Mans, Esq., Charles Quakenbush, AAG. A Mid-Discovery Status Conference is set for 3/21/2014 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, ) |
| Filing 34 CIVIL CASE MANAGEMENT PLAN by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Mans, Jeffrey) |
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Filing 33
TEXT ORDER SETTING Initial Conference for present and related cases for 10/18/2013 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan due by 10/8/2013. Authorized by Magistrate Judge Christian F. Hummel on 10/1/13. (cjm, )
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Filing 32
TEXT ORDER granting # 31 Letter Request for joint Rule 16 Initial Conference set for 10/18/2013 10:00 AM in Albany before Magistrate Judge Christian F. Hummel for this case as well as all related cases. Authorized by Magistrate Judge Christian F. Hummel on 9/27/13. (cjm, )
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| Filing 31 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting Rule 16 conference submitted to Judge Magistrate Judge Hummel . (Mans, Jeffrey) |
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Filing 30
ORDER Transferring Case No. 1:13-CV-645 to U.S. District Judge D'Agostino and U.S. Magistrate Judge Hummel. Signed by Magistrate Judge Randolph F. Treece on 7/24/2013. (lah)
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| Filing 29 MEMORANDUM-DECISION AND ORDER denying # 25 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 7/9/13. (ban) |
| Filing 28 REPLY to Response to Motion re # 25 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Defendants. (Quackenbush, Charles) |
| Filing 27 MEMORANDUM OF LAW re # 25 Motion for Reconsideration, Plaintiffs' Memorandum of Law in Opposition to State Defendants' Motion for Reconsideration filed by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Attachments: # 1 Appendix to Memorandum of Law (unreported cases), # 2 Affirmation of Jeffrey P. Mans, # 3 Exhibit(s) A to Mans Affirmation, # 4 Exhibit(s) B to Mans Affirmation)(Mans, Jeffrey) |
| Reset Deadlines as to # 25 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. : Response to Motion due by 3/22/2013, Reply to Response to Motion due by 3/28/2013. The Motion Hearing is reset for 4/2/2013 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban) |
| TEXT ORDER granting # 26 Letter Request: The response to the Motion for Reconsideration is due 3/22/13; Reply due 3/28/13; The return date is reset for 4/2/13 (ON SUBMIT) before Judge D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. This is the final extension. No further extension requests will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 2/26/13. (ban) |
| Filing 26 Letter Motion from Jeffrey P. Mans, Esq. for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting an extension of time from March 4, 2013 to March 22, 2013, to file plaintiffs' opposition papers to defendants' motion for reconsideration submitted to Judge D'Agostino . (Mans, Jeffrey) |
| NOTICE: Rule 16 conference before Magistrate Judge Hummel will be held in abeyance pending a decision on the Dispositive Motion by Judge D'Agostino. Parties are to notify Judge Hummel's chambers if a Rule 16 conference is necessary upon a decision of the District Judge. (cjm, ) |
| NOTICE NOTICE: Rule 16 conference before Judge Hummel will be held in abeyance pending a decision on the Dispositive Motion by the Judge D'Agostino. Parties are to notify Judge Hummel's chambers if a Rule 16 conference is necessary upon a decision of the District Judge. (cjm, ) |
| Filing 25 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. Motion Hearing set for 3/19/2013 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/4/2013 filed by Defendants. (Attachments: # 1 Memorandum of Law, # 2 Declaration of AAG Charles J. Quackenbush, # 3 Appendix A to Quackenbush Declaration) (Quackenbush, Charles) |
| Ans. Deadlines terminated. (ban) |
| Filing 24 ANSWER to # 1 Complaint, by Defendants.(Quackenbush, Charles) |
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TEXT ORDER granting DKT # 23 Letter Request to allow defendants to submit their answer on 1/11/2013. Authorized by Magistrate Judge Christian F. Hummel on 12/14/12. (cjm, )
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| Filing 23 Letter Motion from AAG Charles J. Quackenbush for Defendants requesting an extension of defendants' answer date to January 11, 2013 submitted to Judge Christian F. Hummel . (Quackenbush, Charles) |
| Filing 22 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 13 Motion to Dismiss for Lack of Subject Matter Jurisdiction:ORDERED that defendants motion to dismiss plaintiffs complaint (Dkt. No. 13) is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendants motion to dismiss plaintiffs complaint as against the State of New York, New York State Civil Service Department, New York State Civil Service Commission and New York State and Local Retirement System is GRANTED. All claims against these defendants are dismissed; it is further ORDERED that defendants motion to dismiss plaintiffs claims for monetary damages asserted against defendants Hite, Ahl, Hanrahan, Megna and DiNapoli in their official capacity is GRANTED; it is further ORDERED that defendants motion to dismiss plaintiffs claims for injunctive and declaratory relief asserted against defendants Hite, Ahl, Hanrahan, Megna and DiNapoli in their official capacity is GRANTED only to the extent that such claims seek retrospective relief; it is further ORDERED that defendants motion to dismiss plaintiffs Article 78 claims is GRANTED; it is further ORDERED that defendants motion is denied in all other respects. Signed by U.S. District Judge Mae A. D'Agostino on 12/3/12. (ban) |
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Filing 21
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to Magistrate Judge Christian F. Hummel. The case will remain assigned to the presiding U.S. District Judge. Signed by Chief Judge Gary L. Sharpe on 9/4/2012. (mab)
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| Filing 20 STATUS REPORT regarding 8/20/12 EDNY preliminary injunction Decision and Order in Donohue v. Mangano, et al., by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Attachments: # 1 Appendix 8/20/12 EDNY preliminary injunction Decision and Order in Donohue v. Mangano, et al.)(Mans, Jeffrey) |
| TEXT NOTICE. The Rule 16 Conference previously set for 6/26/2012 at 9:00 AM with Magistrate Judge Homer is ADJOURNED WITHOUT DATE pending decision on the dispositive motion before the District Court. (lah, ) |
| Filing 19 REPLY to Response to Motion re # 13 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants filed by State of New York. (Quackenbush, Charles) |
| Filing 18 Letter Motion from AAG Charles J. Quackenbush for State of New York requesting an extension of defendants' 12(b) Reply date to April 27, 2012 submitted to Judge Mae A. D'Agostino . (Quackenbush, Charles) |
| TEXT ORDER granting # 18 Letter Request for an extension to file a reply: Reply to Response to Motion due by 4/27/2012. Signed by U.S. District Judge Mae A. D'Agostino on 4/25/12. (ban) |
| CLERK'S CORRECTION OF DOCKET ENTRY re # 17 Memorandum of Law: The corrected Table of Contents filed as "Response [dkt #18] was added to docket entry #17, and document #18 was deleted from the docket. (ban) |
| Filing 17 MEMORANDUM OF LAW re # 13 Motion to Dismiss/Lack of Subject Matter Jurisdiction,,, Plaintiffs' Memorandum of Law in Opposition to State Defendants' Motion to Dismiss the Complaint, filed by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Attachments: # 1 Appendix Casale (2005 WL 3466405))(Mans, Jeffrey) (Additional attachment(s) added on 4/19/2012: # 2 Corrected Table of Contents) (ban, ). |
| TEXT ORDER granting in part and denying in part # 16 Letter Request: Plaintiff's are permitted to file a memorandum of law not to exceed 30 pages. Plaintiff's request for oral argument is denied at this juncture. The motion will be decided on the submission of the papers only. If the Court determines that oral argument is necesssary the parties will be notified accordingly. Signed by U.S. District Judge Mae A. D'Agostino on 4/12/12. (ban) |
| Filing 16 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting permission to file memorandum of law not to exceed 40 pages, and permission for oral argument submitted to Judge Mae A. D'Agostino . (Mans, Jeffrey) |
| Filing 15 STATUS REPORT regarding 03/16/12 SDNY preliminary injunction Decision/Order by State of New York. (Attachments: # 1 (03/16/12 SDNY preliminary injunction Decision/Order))(Quackenbush, Charles) |
| Filing 14 Letter Motion from Jeffrey P. Mans for Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West requesting an extension to April 18, 2012, to file plaintiffs' opposition papers to defendants' motion to dismiss, and making the motion returnable before the Court on May 15, 2012, submitted to Judge Mae A. D'Agostino , on behalf of all plantiffs in all related actions before the Court (11-CV-1523; 11-CV-1525; 11-CV-1526; 11-CV-1527; 11-CV-1528; 11-CV-1529; 11-CV-1530; 11-CV-1533; and 12-CV-0046 . (Mans, Jeffrey) |
| TEXT ORDER granting # 14 Letter Request as to 1:11-cv-1523. The motion to dismiss is returnable 5/15/12 (On Submit); Response due 4/18/12; Reply due 4/25/12. Signed by U.S. District Judge Mae A. D'Agostino on 3/2/12. (ban) Modified on 3/2/2012 (ban). |
| Reset Deadlines as to # 13 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants . Response to Motion due by 4/18/2012, Reply to Response to Motion due by 4/25/2012. The Motion Hearing is reset for 5/15/2012 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. (ban) |
| Filing 13 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants Motion Hearing set for 4/3/2012 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/19/2012 Reply to Response to Motion due by 3/23/2012. filed by State of New York. (Attachments: # 1 Memorandum of Law, # 2 Declaration of AAG Quackenbush, # 3 Appendix A to Quackenbush Declaration, # 4 Appendix B to Quackenbush Declaration, # 5 Appendix C to Quackenbush Declaration, # 6 Appendix D to Quackenbush Declaration, # 7 Appendix E to Quackenbush Declaration, # 8 Appendix F to Quackenbush Declaration, # 9 Appendix G to Quackenbush Declaration, # 10 Appendix H to Quackenbush Declaration, # 11 Appendix I to Quackenbush Declaration, # 12 Appendix J to Quackenbush Declaration, # 13 Appendix K to Quackenbush Declaration) (Quackenbush, Charles) |
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Filing 12
ORDER granting # 11 Letter Request. Request is GRANTED up to 40 pages. Signed by Magistrate Judge David R. Homer on 2/29/2012. (dpk)
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| Filing 11 Letter Motion from AAG Charles J. Quackenbush for State of New York requesting permission to submit a Memorandum exceeding 25 pages upon defendants' Motion to Dismiss submitted to Judge David R. Homer (on behalf of all defendants) . (Quackenbush, Charles) |
| Filing 10 CERTIFICATE OF SERVICE by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West of Amended Complaint (Mans, Jeffrey) |
| Filing 9 AMENDED COMPLAINT against All Defendants filed by David L. Faile, Art W. Jolley, New York State Correctional Officers & Police Benevolent Association, Inc., William J. West, Donn Rowe, Louis Giampaglia, Diane Davis, Al Mothershed. (Attachments: # 1 Exhibit(s) A to Amended Complaint, # 2 Exhibit(s) B to Amended Complaint, # 3 Exhibit(s) C to Amended Complaint, # 4 Exhibit(s) D to Amended Complaint, # 5 Exhibit(s) E to Amended Complaint, # 6 Exhibit(s) F to Amended Complaint, # 7 Exhibit(s) G to Amended Complaint, # 8 Exhibit(s) H to Amended Complaint, # 9 Exhibit(s) I to Amended Complaint)(Mans, Jeffrey) |
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TEXT ORDER re # 8 Letter Request. Defendants' request is GRANTED and the time by which defendants shall answer or otherwise respond to the complaint is extended to MARCH 2, 2012. No further extensions will be granted. Signed by Magistrate Judge David R. Homer on 1/10/2012. (lah, )
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| Filing 8 Letter Motion from AAG Charles J. Quackenbush for Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State and Local Retirement System, State of New York requesting an extension of defendants' complaint response due date to March 2, 2012 submitted to Judge David R. Homer with plaintiffs' consent . (Quackenbush, Charles) |
| Filing 7 NOTICE of Appearance by Charles J. Quackenbush on behalf of All Defendants (Quackenbush, Charles) |
| TEXT NOTICE. The Initial Rule 16 Conference previously set for 5/2/2012 at 9:30 AM with Magistrate Judge Treece is RESCHEDULED to JUNE 26, 2012 at 9:00 AM with Magistrate Judge David R. Homer in Room 441, James Foley U.S. Courthouse, 445 Broadway, Albany. The Civil Case Management Plan shall be e-filed on or before June 20, 2012. (lah, ) |
| Filing 6 AFFIDAVIT of Service for Affirmations of Service by plaintiffs served on Attorney General and defendants State of New York, Andrew M. Cuomo, New York State Civil Service Department, Patricia A. Hite, New York State Civil Service Commission, Caroline W. Ahl, J. Dennis Hanrahan, Robert L. Megna, Thomas P. DiNapoli, and New York State and Local Retirement System on December 28, 2011, filed by Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, William J. West. (Attachments: # 1 Affirmation Service on defendant Cuomo, # 2 Affirmation Service on defendants Hite, Ahl, Hanrahan, NYS Civil Service Department and NYS Civil Service Commission, # 3 Affirmation Service on defendant Megna, # 4 Affirmation Service on defendants DiNapoli and NY State and Local Retirement System)(Mans, Jeffrey) |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Mae A. D'Agostino and Magistrate Judge David R. Homer for all further proceedings. Judge Norman A. Mordue and Magistrate Judge Randolph F. Treece no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 12/29/2011. (mab)
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| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/2/2012 09:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 4/18/2012. (see) |
| Filing 3 Summons Issued as to Thomas P. DiNapoli and New York State Civil Service Commission. (Attachments: # 1 Summons as to Thomas P. DiNapoli)(see) |
| Filing 2 Summons Issued as to Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Department, State of New York. (Attachments: # 1 Summons as to Andrew M. Cuomo, # 2 Summons as to New York State Civil Service Department, # 3 Summons as to Patricia A. Hite, # 4 Summons as to Caroline W. Ahl, # 5 Summons as to J. Dennis Hanrahan, # 6 Summons as to Robert L. Megna, # 7 Summons for NYS and Local Retirement System)(see) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $350 receipt number 0206-2055458) filed by David L. Faile, Art W. Jolley, New York State Correctional Officers & Police Benevolent Association, Inc., William J. West, Donn Rowe, Louis Giampaglia, Diane Davis, Al Mothershed. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Civil Cover Sheet)(see) |
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