Columbus Ale House, Inc. v. Cuomo
| Columbus Ale House, Inc. doing business as The Graham |
| Andrew M. Cuomo |
| 1:2020cv04291 |
| September 14, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 29 AFFIDAVIT/DECLARATION in Support re #27 MOTION to Dismiss for Failure to State a Claim filed by Andrew M. Cuomo. (Attachments: #1 Exhibit 1 - Transcript of the October 6, 2020 Hearing in this action) (McAlister, Erin) |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Dismiss for Failure to State a Claim filed by Andrew M. Cuomo. (McAlister, Erin) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim by Andrew M. Cuomo. (McAlister, Erin) |
Filing 26
MEMORANDUM DECISION AND ORDER dated 11/5/20 re: that plaintiff's #23 motion for an injunction pending resolution of its appeal of my order denying its request for a preliminary injunction is DENIED. ( Ordered by Judge Brian M. Cogan on 11/5/2020 ) (Guzzi, Roseann)
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| Filing 25 REPLY to Response to Motion re #23 MOTION for Preliminary Injunction Pending Appeal, brought to satisfy Fed. R. App. P. 8(a)(1) filed by Columbus Ale House, Inc.. (Corbett, Jonathan) |
| Filing 24 RESPONSE in Opposition re #23 MOTION for Preliminary Injunction Pending Appeal, brought to satisfy Fed. R. App. P. 8(a)(1) filed by Andrew M. Cuomo. (McAlister, Erin) |
| Filing 23 MOTION for Preliminary Injunction Pending Appeal, brought to satisfy Fed. R. App. P. 8(a)(1) by Columbus Ale House, Inc.. (Attachments: #1 Exhibit A - Appellate Court Motion, #2 Exhibit B - Appellate Court Opposition, #3 Exhibit C - Appellate Court Order) (Corbett, Jonathan) |
| Minute Entry and Order for Pre-Motion Conference held before Judge Brian M. Cogan on 10/29/2020. Both sides present by telephone. Defendant to file motion to dismiss by 11/12/2020; plaintiff to oppose by 11/26/2020; reply due by 12/06/2020. Discovery is stayed pending further order. See transcript for details. (Court Reporter: Charleane Heading). (Weisberg, Peggy) |
| Filing 22 RESPONSE to Motion re #21 Letter MOTION for pre motion conference on Governor Cuomo's proposed motion to dismiss MOTION to Stay discovery pending decision on motion to dismiss MOTION to Adjourn Conference scheduled for 10/28/2020 pending decision on request to stay discovery AND CROSS-MOTION TO COMMENCE DISCOVERY filed by Columbus Ale House, Inc.. (Corbett, Jonathan) |
| Filing 21 Letter MOTION for pre motion conference on Governor Cuomo's proposed motion to dismiss, MOTION to Stay discovery pending decision on motion to dismiss, MOTION to Adjourn Conference scheduled for 10/28/2020 pending decision on request to stay discovery by Andrew M. Cuomo. (McAlister, Erin) |
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SCHEDULING ORDER. Initial Status Conference scheduled for 10/28/2020 is cancelled. By 10/27/2020, plaintiff is directed to file a detailed response to defendant's #27 letter motion. A telephonic premotion conference on defendant's anticipated motion to dismiss will be held on 10/29/2020 at 1:15 pm. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. Ordered by Judge Brian M. Cogan on 10/22/2020. (Weisberg, Peggy)
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Filing 20
MEMORANDUM AND OPINION dated 10/15/20 re: plaintiff's motion for a preliminary injunction, denied on the record on October 6, 2020. ( Ordered by Judge Brian M. Cogan on 10/15/2020 ) (Guzzi, Roseann)
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| First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals #20 Memorandum and Opinion. (McGee, Mary Ann) |
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Set/Reset Hearing: Initial Status Conference previously set for 11:30 am is reset to 2:30 pm on 10/28/2020 and will be held by telephone. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. They are reminded to comply with the mandatory requirements for the conference set forth at #8 and shall file on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 10/16/2020. (Weisberg, Peggy)
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #19 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 19 NOTICE OF APPEAL as to Order on Motion for Preliminary Injunction,, Order on Motion for Reconsideration,, Motion Hearing, by Columbus Ale House, Inc.. Filing fee $ 505, receipt number ANYEDC-13515608. Appeal Record due by 10/27/2020. (Corbett, Jonathan) |
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SCHEDULING ORDER: The parties are directed to use the Microsoft Teams video link that was provided to them by email. The public may access the audio of the video conference by dialing 917-933-2166 and using access code 844620854# So Ordered by Judge Brian M. Cogan on 10/6/2020. (Clarke, Melonie)
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| Minute Entry and Order for hearing on plaintiff's motion for preliminary injunction held on 10/06/2020 before Judge Brian M. Cogan. Both sides present by telephone. The Court heard testimony from Dr. Elizabeth M. Dufort and oral argument on the motion. For the reasons stated on the record, the motion #10 is denied. See transcript for details. (Court Reporter: Denise Parisi). (Weisberg, Peggy) |
| Filing 18 Letter to WITHDRAW Defendants motion for reconsideration of the Courts October 3, 2020 order for cross-examination of Dr. Elizabeth M. Dufort by Andrew M. Cuomo (McAlister, Erin) |
| Filing 17 RESPONSE in Opposition re #16 Letter MOTION for Reconsideration of October 3 Order Requiring Cross-Examination of Government's Declarant, Dr. Dufort filed by Columbus Ale House, Inc.. (Corbett, Jonathan) |
| Filing 16 Letter MOTION for Reconsideration of October 3 Order Requiring Cross-Examination of Government's Declarant, Dr. Dufort by Andrew M. Cuomo. (McAlister, Erin) |
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ORDER re: #15 . The hearing set for 10/6/2020 at 12:30 p.m. will proceed by videoconference. The parties are directed to use the video link that will be provided to them by email. The public may access the audio of the video conference by dialing 571-353-2300 and using access code 188465608#. The government must produce its declarant, Dr. Elizabeth M. Dufort, for limited cross-examination on her expertise regarding the non-medical matters discussed in her declaration and the basis for her personal knowledge. Ordered by Judge Brian M. Cogan on 10/3/2020. (Weisberg, Peggy)
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| Filing 15 REPLY to Response to Motion re #10 MOTION for Preliminary Injunction *TIME SENSITIVE* filed by Columbus Ale House, Inc.. (Corbett, Jonathan) |
| Filing 14 Letter MOTION for Extension of Time to File Answer by Andrew M. Cuomo. (McAlister, Erin) |
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ORDER granting #14 . Defendant's time to answer is extended to 10/22/2020. Ordered by Judge Brian M. Cogan on 10/1/2020. (Weisberg, Peggy)
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| Filing 13 AFFIDAVIT/DECLARATION in Opposition re #10 MOTION for Preliminary Injunction *TIME SENSITIVE* filed by Andrew M. Cuomo. (Attachments: #1 Exhibit A: WHO Situation Report 1, #2 Exhibit B: WHO Situation Report 3, #3 Exhibit C: WHO Statement on the Second Meeting of the International Health Regulations, #4 Exhibit D: WHO Declares Global Pandemic, #5 Exhibit E: National Emergency Declaration, #6 Exhibit F: WHO Article: Transmission of SARS-CoV-2, #7 Exhibit G: CDC, Cleaning and Disinfection for Households, #8 Exhibit H: CDC, Social Distancing, #9 Exhibit I: Executive Order 202, #10 Exhibit J: Executive Order 202.3, #11 Exhibit K: Executive Order 202.4, #12 Exhibit L: Executive Order 202.5, #13 Exhibit M: Executive Order 202.10, #14 Exhibit N: Executive Order 202.32, #15 Exhibit O: Executive Order 202.33, #16 Exhibit P: Executive Order 202.42, #17 Exhibit Q: Executive Order 202.45, #18 Exhibit R: Executive Order 205, #19 Exhibit S: Executive Order 202.6, #20 Exhibit T: ESD Guidance on Executive Order 202.6, #21 Exhibit U: Executive Order 202.8, #22 Exhibit V: DOH Guidance for Low Risk Indoor and Outdoor Activities, #23 Exhibit W: Executive Order 202.48, #24 Exhibit X: Executive Order 202.61, #25 Exhibit Y: NYC Indoor Dining Guidance, #26 Exhibit Z: CDC Considerations for Restaurants and Bars, #27 Exhibit AA: USA Today Article, Why are bars hotspots for COVID-19, #28 Exhibit BB: Open letter to WHO, #29 Exhibit CC: NPR/Kaiser Health News Article, #30 Exhibit DD: Food Service Summary Guidance, #31 Exhibit EE: Scientific American Article, #32 Exhibit FF: New Scientist Article, #33 Exhibit GG: CDC Large Event Considerations, #34 Exhibit HH: NIH, COVID-19 Super-spreaders) (McAlister, Erin) |
| Filing 12 MEMORANDUM in Opposition re #10 MOTION for Preliminary Injunction *TIME SENSITIVE* filed by Andrew M. Cuomo. (McAlister, Erin) |
| Filing 11 NOTICE of Appearance by Erin Ruth McAlister on behalf of Andrew M. Cuomo (aty to be noticed) (McAlister, Erin) |
| Minute Entry and Order for Status Conference held before Judge Brian M. Cogan on 9/22/2020. Both sides present by telephone. Defendant to file opposition to plaintiff's motion for preliminary injunction by 9/29/2020; plaintiff to reply by 10/2/2020. Hearing on the motion set for 10/6/2020 at 12:30 p.m. The Court will inform the parties whether the hearing is to be by videoconference after reviewing their submissions. See transcript for details. (Court Reporter: Andronikh Barna). (Weisberg, Peggy) |
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SCHEDULING ORDER: The Court will hold a telephone status conference on 9/22/2020 at 11:00 AM. Counsel is directed to use the toll-free number 888-684-8852 and access code 6427877# to participate in this call. Ordered by Judge Brian M. Cogan on 9/18/2020. (Weisberg, Peggy)
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| Filing 10 MOTION for Preliminary Injunction *TIME SENSITIVE* by Columbus Ale House, Inc.. (Attachments: #1 Verification of Complaint & Affidavit in Support of Motion) (Corbett, Jonathan) |
| Filing 9 SUMMONS Returned Executed by Columbus Ale House, Inc.. Andrew M. Cuomo served on 9/17/2020, answer due 10/8/2020. (Corbett, Jonathan) |
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Filing 8
SCHEDULING ORDER: Initial Status Conference is set for 10/28/2020 at 11:30 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 9/16/2020. (Weisberg, Peggy)
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| Filing 7 NOTICE of Appearance by Jonathan Corbett on behalf of Columbus Ale House, Inc. (notification declined or already on case) (Corbett, Jonathan) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 4 Summons Issued as to Andrew M. Cuomo. (Bowens, Priscilla) |
| Filing 3 MOTION to Appear Pro Hac Vice *TIME SENSITIVE* Filing fee $ 150, receipt number ANYEDC-13357744. by Columbus Ale House Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Corbett, Jonathan) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Columbus Ale House Inc. (Attachments: #1 Proposed Summons) (Corbett, Jonathan) |
| Filing 1 COMPLAINT against Andrew M. Cuomo filing fee $ 400, receipt number ANYEDC-13357357 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Columbus Ale House Inc.. (Corbett, Jonathan) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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ORDER granting #3 Jonathan Corbett's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 9/14/2020. (Weisberg, Peggy)
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| Defendant: Andrew M. Cuomo | |
| Represented By: | Erin Ruth McAlister |
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| Plaintiff: Columbus Ale House, Inc. doing business as The Graham | |
| Represented By: | Jonathan Corbett |
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