Kent et al v. State of New York et al
| James Carr, Karen Danish, Raymond Ferraro, Robert H. Harms, Jr., Kenneth R. Hunter, Susan M. Kent, New York State Public Employees Federation, AFL-CIO, Mary Reid, Calvin Thayer and Kent |
| Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State Governor's Office of Employee Relations, New York State and Local Retirement System and State of New York |
| 1:2011cv01533 |
| 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 |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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| Filing 72 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 53 Motion for Judgment on the Pleadings; Rejecting in part and Accepting in part Report and Recommendations re # 64 Report and Recommendations. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/15. (ban) |
Filing 71
TEXT ORDER granting # 70 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 9/9/14. (aaf, )
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| Filing 70 Letter Motion from John Kershko for Susan M. Kent requesting clarification of class certification motion filing deadline submitted to Judge Hummel . (Kershko, John) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the docket text in the # 68 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 69 ANSWER to # 65 Amended Complaint by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna.(Lynch, Helena) |
| Filing 68 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna re # 64 Report and Recommendations, Order, Set Deadlines, Terminate Motions,,,, 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) |
| Filing 67 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, Gary Johnson, Robert L. Megna (Engel, Justin) |
| Filing 66 NOTICE of Appearance by Helena Lynch on behalf of All Defendants (Lynch, Helena) |
| Filing 65 AMENDED COMPLAINT against All Defendants filed by Susan M. Kent.(Kershko, John) (Amended Complaint 65 replaced on 7/30/2014) (lah). |
| ***Answer due date updated. Answers to the # 65 Amended Complaint to be filed on or before 8/13/2014. (amt) |
| CLERK'S CORRECTION OF DOCKET ENTRY. The Clerk replaced the Amended Complaint at the request of counsel to correct the caption to include the title "Commissioners" re defts Ahl and Hanrahan. (lah) |
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Filing 64
REPORT-RECOMMENDATION and ORDER: Plaintiffs' # 50 Motion to Amend the Complaint is GRANTED; Plaintiffs shall file and serve an Amended Complaint w/in 10 days of the date of this Order. Notice of Compliance deadline re: filing of the Amended Complaint set for 8/4/2014. RECOMMENDING Defendants' # 53 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)
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| NOTICE re [Dkt #53] MOTION for Judgment on the Pleadings having been referred to Judge Hummel (dkt #62). This Motion remains on submission. All deadlines set by Judge D'Agostino remain in full force. (cjm, ) |
| Filing 63 REPLY to Response to Motion re # 53 MOTION for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna. (Sprague, Laura) |
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Filing 62
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' # 53 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, Gary Johnson, 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)
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| Filing 61 REPLY to Response to Motion re # 54 Letter Motion from John Kershko for Susan M. Kent requesting Extension of plaintiffs' time to reply to defendants' responding papers submitted to Judge Hummel Memorandum of Law filed by Susan M. Kent. (Kershko, John) |
| Filing 60 REPLY to Response to Motion re # 54 Letter Motion from John Kershko for Susan M. Kent requesting Extension of plaintiffs' time to reply to defendants' responding papers submitted to Judge Hummel filed by Susan M. Kent. (Kershko, John) |
| Filing 59 MEMORANDUM OF LAW re 56 Order on Letter Request, # 53 Motion for Judgment on the Pleadings, 57 Order on Letter Request, # 58 Affidavit in Opposition to Motion filed by Susan M. Kent. (Kershko, John) |
| Filing 58 AFFIDAVIT in Opposition re # 53 MOTION for Judgment on the Pleadings filed by Susan M. Kent. (Kershko, John) |
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Filing 57
TEXT ORDER granting [Docket #54] Letter Motion from John Kershko for Susan M. Kent requesting Extension of plaintiffs' time to reply to defendants' responding papers submitted to Judge Hummel : Reply to Response to Motion due by 7/8/2014. Authorized by Magistrate Judge Christian F. Hummel on 6/6/14. (cjm, )
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| Filing 56 TEXT ORDER granting # 55 Letter Request to adjourn response deadline to # 53 Motion for Judgment on the Pleadings: The Return date # 53 Motion for Judgment on the Pleadings is reset for 7/15/15 (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 6/5/14. (ban) |
| Reset Deadlines as to # 53 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 55 Letter Motion from John Kershko for Susan M. Kent requesting extension of plaintiffs' time to respond to defendants' 12(c) motion submitted to Judge D'Agostino . (Kershko, John) |
| Filing 54 Letter Motion from John Kershko for Susan M. Kent requesting Extension of plaintiffs' time to reply to defendants' responding papers submitted to Judge Hummel . (Kershko, John) |
| Filing 53 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, Gary Johnson, Robert L. Megna. (Attachments: # 1 Memorandum of Law, # 2 Appendix of unreported cases, # 3 Declaration of service) (Sprague, Laura) |
| Filing 52 RESPONSE in Opposition re # 50 First MOTION to Amend/Correct the plaintiffs' complaint, and Memorandum of Law in Support of # 53 Motion for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna. (Attachments: # 1 Appendix of unreported cases, # 2 Declaration of service)(Sprague, Laura) Modified on 6/2/2014 (ban). |
| Reset Deadlines re # 50 First MOTION to Amend/Correct the plaintiffs' complaint. :Pursuant to Judge Hummel's 3/12/14 # 49 Text order, Response to Motion due by 5/28/2014, Reply to Response to Motion due by 6/9/2014. (ban) |
| Filing 51 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, Gary Johnson, Robert L. Megna (Kish, Rachel) |
| Filing 50 First MOTION to Amend/Correct the plaintiffs' complaint. Motion Hearing set for 6/19/2014 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/2/2014 filed by Susan M. Kent. (Attachments: # 1 Affidavit and Exhibits A-B, # 2 Exhibit(s) Exhibit C, # 3 Exhibit(s) Exhibits D-J, # 4 Memorandum of Law and MOL Exhibits A-C) Motions referred to Christian F. Hummel. (Kershko, John) |
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Filing 49
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: John Kershko, Esq. & Rita Strauss, Esq. (plaintiffs), Laura Sprague, Esq. Discovery Hearing held on 3/11/2014. Plaintiffs' counsel indicates clients wish to move to amend the complaint and for class certification. Briefing schedules set. Motion to amend schedule is as follows: Motions to be filed by 3/28; Responses by 5/28; Replies by 6/9. Motion for class certification schedule is 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. The Mid-Discovery Status Conference set for 3/21/14 is cancelled. Written order to follow. (Court Reporter Lisa Tennyson)(aaf, ) |
| Filing 48 AMENDED DOCUMENT by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna. Amended Notice of Appearance . (Sprague, Laura) |
| Filing 47 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, Gary Johnson, Robert L. Megna (Sprague, Laura) |
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Filing 46
TEXT ORDER granting [Dkt #41] Letter Request, Pre-Motion Filing Conference set for 3/11/2014 10:30 AM in person in Albany before Magistrate Judge Christian F. Hummel.. Signed by Magistrate Judge Christian F. Hummel on 2/24/14. (cjm, )
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Filing 45
TEXT ORDER granting [Dkt #44] 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 44 Letter Motion from John Kershko (PEF Plaintiffs) for Susan M. Kent requesting Conference prior to motion for leave to amend complaint submitted to Judge Hummel . (Kershko, John) |
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Filing 43
TEXT ORDER granting # 42 Letter Request. The joinder of parties deadline is hereby extended to MARCH 20, 2014. Authorized by Magistrate Judge Christian F. Hummel on 1/21/2013. (lah, )
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| Filing 42 Letter Motion from John F. Kershko for Susan M. Kent requesting Adjourn date for joinder to March 20, 2014 submitted to Judge Hummel . (Kershko, John) |
| Filing 41 Letter Motion from John F. Kershko (for PEF/Kent Plaintiffs) for Susan M. Kent requesting Class Cert. Conference submitted to Judge Hummel . (Kershko, John) |
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Filing 40
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 (FTR recorded 10:10 am - 10:20 am) for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on 10/18/2013. Appearances: Rita Strauss, Esq., Jessica Caggiano, Esq. Charles Quakenbush, AAG. Deadlines set for the progression of the case. A Mid-Discovery Status Conference is set for 3/21/2014 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, ) |
| TEXT NOTICE: Mid-Discovery Status Conference set for 3/21/2014 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, ) |
| Filing 39 NOTICE of Appearance by Jessica C. Caggiano on behalf of All Plaintiffs (Caggiano, Jessica) |
| Filing 38 CIVIL CASE MANAGEMENT PLAN for Plaintiffs by Susan M. Kent. (Kershko, John) |
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Filing 37
ORDER granting # 36 Letter Request, Civil Case Management Plan due by 10/8/2013. JOINT RULE 16 Initial Conference set for 10/18/2013 10:00 AM in Albany before Magistrate Judge Christian F. Hummel for the present and related cases. Authorized by Magistrate Judge Christian F. Hummel on 9/27/13. (cjm, )
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| Filing 36 Letter Motion from Plaintiff's Counsel John Kershko for Susan M. Kent requesting Conference submitted to Judge CFH . (Kershko, John) |
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Filing 35
ORDER reassigning 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 34 MEMORANDUM-DECISION AND ORDER denying # 29 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 7/9/13. (ban) |
| Filing 33 REPLY to Response to Motion re # 29 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Defendants. (Quackenbush, Charles) |
| Filing 32 MEMORANDUM OF LAW re # 29 Motion for Reconsideration, filed by Susan M. Kent. (Attachments: # 1 Appendix)(Strauss, Rita) |
| TEXT ORDER granting # 31 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) |
| Reset Deadlines as to # 29 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. Motion Hearing is reset for 4/2/2013 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban) |
| Filing 31 Letter Motion from John Kershko, Esq. for James Carr, Karen Danish, Raymond Ferraro, Robert H. Harms, Jr, Kenneth R. Hunter, Susan M. Kent, New York State Public Employees Federation, AFL-CIO, Mary Reid requesting Extension to oppose reconsideration submitted to Judge D'Agostino . (Kershko, John) |
| CLERK'S CORRECTION OF DOCKET ENTRY: At the Request of Plaintiffs' Counsel Dkt No. 30 has been deleted from the Docket as it was inadvertently filed using the incorrect CM/ECF event option. A duplicate submission of the same document was already filed by Counsel as a Letter Motion at Dkt No. # 31 . (mgh) |
| 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, ) |
| Filing 29 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) |
| Filing 28 ANSWER to # 1 Complaint, by Defendants.(Quackenbush, Charles) |
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ORDER granting # 27 Letter Request, Caroline W. Ahl answer due 1/11/2013; Andrew M. Cuomo answer due 1/11/2013; Defendants answer due 1/11/2013; Thomas P. DiNapoli answer due 1/11/2013; J. Dennis Hanrahan answer due 1/11/2013; Patricia A. Hite answer due 1/11/2013; Gary Johnson answer due 1/11/2013; Robert L. Megna answer due 1/11/2013; New York State Civil Service Commission answer due 1/11/2013; New York State Civil Service Department answer due 1/11/2013; New York State Governor's Office of Employee Relations answer due 1/11/2013; New York State and Local Retirement System answer due 1/11/2013; State of New York answer due 1/11/2013. Signed by Magistrate Judge Christian F. Hummel on 12/17/12. (cjm, )
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| Filing 27 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 26 MEMORANDUM-DECISION AND ORDER re # 11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants filed by State of New York: ORDERED that defendants motion to dismiss plaintiffs complaint (Dkt. No. 11) is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendants motion to dismiss plaintiffs complaint as against the Stateof New York, New York State Civil Service Department, New York State Civil Service Commission, New York State and Local Retirement System and New York State Governors Office of Employee Relations 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, DiNapoli, and Johnson 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, DiNapoli and Johnson 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 12/4/12. (ban) |
| TEXT ORDER re # 25 MEMORANDUM-DECISION AND ORDER on Motion to Dismiss/Lack of Subject Matter Jurisdiction: Due to a clerical error by the court, the following order shall amend the prior Memorandum-Decision and Order (Dkt. NO. 25) with the proper caption. Signed by U.S. District Judge Mae A. D'Agostino on 12/4/12. (ban) |
| Filing 25 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 11 Motion to Dismiss for Lack of Subject Matter Jurisdiction:ORDERED that defendants motion to dismiss plaintiffs complaint (Dkt. No. 11) 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, New York State and Local Retirement System and New York State Governors Office of Employee Relations is GRANTED. All claims against these defendants are dismissed; it is furtherORDERED that defendants motion to dismiss plaintiffs claims for monetary damages asserted against defendants Hite, Ahl, Hanrahan, Megna, DiNapoli, and Johnson 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, DiNapoli and Johnson 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) (ban, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY. Counsel for PEF contacted the Clerk's Office and requested the caption of the case be corrected to indicate Susan Kent is President of the NYS PEF, pursuant to Judge D'Agostino of 8/29/2012 # 23 . (lah) |
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Filing 24
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 23
ORDER granting # 22 Letter Request: The case caption is amended accordingly. Signed by U.S. District Judge Mae A. D'Agostino on 8/29/12. (ban)
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| Filing 22 Proposed Order re: Letter Motion from Proposed Order: PEF for New York State Public Employees Federation, AFL-CIO requesting Review of Proposed Order submitted to Judge D'Agostino . (Kershko, John) |
| TEXT ORDER denying # 21 Letter Request: Letter Motion from John F. Kershko for Kenneth Brynien (Dkt. No. 21) is DENIED for procedural reasons. Instead of a letter motion, counsel is directed to submit a proposed Order for review. The proposed Order shall contain the amended case title. Signed by U.S. District Judge Mae A. D'Agostino on 8/24/12. (ban) |
| Filing 21 Letter Motion from John F. Kershko for Kenneth Brynien requesting substitute name of new PEF president submitted to Judge D'Agostino . (Kershko, John) |
| 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 20 REPLY to Response to Motion re # 11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants. filed by State of New York. (Quackenbush, Charles) |
| Filing 19 Letter Motion from 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 # 19 Letter Request for an extension to file reply papers: 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) |
| Filing 18 Letter Motion from Attorney for Plaintiffs for New York State Public Employees Federation, AFL-CIO requesting removal of attorney William P. Seamon from case. submitted to Judge Mae A. D'Agostino . (Verga, Rita) |
| Filing 17 CERTIFICATE OF SERVICE by New York State Public Employees Federation, AFL-CIO (Verga, Rita) |
| TEXT ORDER granting # 18 Letter Request. Signed by U.S. District Judge Mae A. D'Agostino on 4/19/12. (ban) |
| Filing 16 MEMORANDUM OF LAW In Opposition to Defendants' Motion to Dismiss filed by New York State Public Employees Federation, AFL-CIO. (Verga, Rita) |
| TEXT ORDER granting in part and denying in part # 15 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 15 Letter Motion from Plaintiffs for New York State Public Employees Federation, AFL-CIO requesting Page Limit Extension submitted to Judge Mae A. D'Agostino . (Verga, Rita) |
| Filing 14 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 13 NOTICE of Appearance by Rita J. Verga on behalf of All Plaintiffs (Verga, Rita) |
| TEXT ORDER granting # 12 Motion for Extension of Time to File Response/Reply: The return date is adjourned to May 15, 2012 (ON SUBMIT). No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response due 4/18/12; Reply due 4/25/12.Signed by U.S. District Judge Mae A. D'Agostino on 3/7/12. (ban) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to # 11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants. filed by Kenneth Brynien. Motions referred to David R. Homer. (Kershko, John) |
| Filing 11 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 10
ORDER granting # 9 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 9 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 8 Letter Motion from AAG Charles J. Quackenbush for Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State Governor's Office of Employee Relations, New York State and Local Retirement System, State of New York requesting an extension of defendants' answer/motion date to March 2, 2012 submitted to Judge David R. Homer . (Quackenbush, Charles) |
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TEXT ORDER granting # 8 Letter Request. Defendants' deadline to Answer or Move with respect to the Complaint is extended to on or before March 2, 2012. Signed by Magistrate Judge David R. Homer on 11cv1533. (lah, )
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| Filing 7 Letter Motion from AAG Charles J. Quackenbush for Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Gary Johnson, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State Governor's Office of Employee Relations, New York State and Local Retirement System, State of New York requesting an extension of defendants' answer/motion date to March 2, 2012 submitted to Judge David R. Homer . (Quackenbush, Charles) |
| Filing 6 NOTICE of Appearance by Charles J. Quackenbush on behalf of All Defendants (Quackenbush, Charles) |
| TEXT NOTICE. The Initial Rule 16 Conference previously set for 6/20/2012 at 11:00 AM with Magistrate Judge Baxter 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 5 AFFIDAVIT of Service for Summons and Complaint served on Defendants on 12-30-11, filed by Kenneth Brynien. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit)(Kershko, John) |
| Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/documents/GO12_withfillablenoticemtd.pdf (see, ) |
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Filing 4
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 Glenn T. Suddaby and US Magistrate Judge Andrew T. Baxter no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 12/29/2011. (mab)
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| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/20/2012 11:00 AM in Syracuse by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan due by 6/6/2012. (see) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: # 1 Summons as to Andrew Cuomo, # 2 Summons as to NYS Civil Service Department, # 3 Summons as to Patricia Hite, # 4 Summons as to NYS Civil Service Commission, # 5 Summons as to Caroline Ahl, # 6 Summons as to J. Dennis Hanrahan, # 7 Summons as to Robert Megna, # 8 Summons as to Thomas DiNapoli, # 9 Summons as to NYS and Local Retirement System, # 10 Summons as to Governor's Office of Employee Relations, # 11 Summons as to Gary Johnson)(see) |
| Filing 1 CLASS ACTION COMPLAINT against All Defendants (Filing fee $350 receipt number 0206-2056219) filed by Mary Reid, Kenneth R. Hunter, Kenneth Brynien, Robert H. Harms, Jr, Raymond Ferraro, Calvin Thayer, James Carr, Karen Danish. (Attachments: # 1 Civil Cover Sheet)(see) |
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