Dixon et al v. DeBlasio et al
| Shaw-Nae Dixon, Thomas Casatelli, Jeanette Rivera, Natalia Yakubova, Chris King, Alison Marchese, William Morris, George Kabbez, Mary Josephine Generoso, Shaw-Nae's House, LLC, Salty Dog Restaurant, LTD, Per Tavern Corp. doing business as The Kettle Black, Cargostork Parties, Inc. doing business as Do Me A Favor and Independent Restaurant Owners Association Rescue, Inc. |
| Bill DeBlasio and City of New York |
| 1:2021cv05090 |
| September 13, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Margo K Brodie |
| Brian M Cogan |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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Filing 36
REPLY in Opposition of Court's Order to Show Cause filed by Shaw-Nae Dixon. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit) (Berutti, Ronald)
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Filing 35
Letter MOTION for pre motion conference by Shaw-Nae Dixon. (Berutti, Ronald)
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Order deferring ruling on #35 . Plaintiff needs to (1) provide defendants with a draft of the proposed amended complaint; and (2) advise the Court whether defendants consent to the amendment. Ordered by Judge Brian M. Cogan on 4/6/2022. (Weisberg, Peggy)
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Filing 34
REPLY in Support of the Court's Order to Show Cause for why this action should not be dismissed in light of the Court of Appeals having dismissed plaintiffs' appeal as moot filed by City of New York, Bill DeBlasio. (Paul, Jasmine)
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Filing 33
Letter MOTION for Extension of Time to File by Shaw-Nae Dixon. (Berutti, Ronald)
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ORDER granting #33 . Response to Order to Show Cause shall be filed by 4/11/2022. Ordered by Judge Brian M. Cogan on 4/1/2022. (Weisberg, Peggy)
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Filing 32
ORDER of USCA as to #23 Notice of Appeal filed by Shaw-Nae Dixon. Appellees move to dismiss this appeal as moot. It is hereby ORDERED that the motion to dismiss is GRANTED. We hereby DISMISS this appeal as moot, VACATE the District Courts order denying Appellants motion for a preliminary injunction, and REMAND the case to the District Court. Bragger v. Trinity Cap. Enter. Corp., 30 F.3d 14, 17 (2d Cir. 1994). Certified Copy Issued: 3/28/2022. USCA# 21-2666. (Jones, Vasean)
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ORDER TO SHOW CAUSE The Court of Appeals having dismissed the appeal of this Court's Order on plaintiff's motion for a preliminary injunction as moot, the parties are directed by 4/4/2022 to show cause why this action also should not be dismissed as moot. Ordered by Judge Brian M. Cogan on 3/28/2022. (Weisberg, Peggy)
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Filing 31
Letter MOTION for Extension of Time to File Response/Reply by Shaw-Nae Dixon. (Berutti, Ronald)
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ORDER granting #31 . Plaintiff's opposition due by 5/13/2022; reply due 5/27/2022. Ordered by Judge Brian M. Cogan on 3/11/2022. (Weisberg, Peggy)
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Filing 30
Letter MOTION for Extension of Time to File Response/Reply by Shaw-Nae Dixon. (Berutti, Ronald)
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ORDER granting #30 . Plaintiff's opposition to motion to dismiss due by 3/14/2022; reply due by 3/28/2022. Ordered by Judge Brian M. Cogan on 2/8/2022. (Weisberg, Peggy)
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Filing 29
Letter Motion requesting extension to file opposition by Shaw-Nae Dixon (Berutti, Ronald)
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ORDER re: #29 . Plaintiff's opposition to motion to dismiss due by 2/14/2022; reply due by 2/28/2022. In addition, this is the second time that plaintiff's counsel has filed a letter requesting relief from the Court without designating the letter as an ECF EVENT Letter "Motion" despite prior direction from the Court (Order entered 11/17/2021). It is not sufficient to use the "Letter" event and then add in the word "Motion." Counsel is advised that any further violations may result in the issuance of sanctions for violating Court Orders. Do not refile. Ordered by Judge Brian M. Cogan on 1/12/2022. (Weisberg, Peggy)
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Filing 28
Order re: Notice of Consent to Change Attorney re #27 Notice of Consent to Change Attorney Ronald A. Berutti of Murray-Nolan Berutti LLC. on behalf of plaintiffs'. ( Ordered by Judge Brian M. Cogan on 1/7/2022 ) (Guzzi, Roseann)
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NOTICE to Countl Mr. Berutti advising that you must file a Notice of Change of Address, your information is not updated in our system. (Guzzi, Roseann)
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Filing 27
NOTICE of Consent to Change Attorney by Ronald A. Berutti (Berutti, Ronald)
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Filing 26
Letter MOTION for Extension of Time to File Response/Reply by Shaw-Nae Dixon. (Berutti, Ronald)
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ORDER granting #26 . Plaintiff's opposition to motion to dismiss due by 1/14/2022; reply due by 1/28/2022. Ordered by Judge Brian M. Cogan on 12/2/2021. (Weisberg, Peggy)
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Filing 25
Letter MOTION req. two week adj. to respond to defs motion by Shaw-Nae Dixon (Berutti, Ronald)
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ORDER re: #25 . Plaintiff's opposition due 12/8/2021; reply, if any, due by 12/22/2021. In addition, counsel is advised that this letter should have been designated as an ECF event Letter "Motion" since it seeks relief from the Court. Do not refile. Ordered by Judge Brian M. Cogan on 11/17/2021. (Weisberg, Peggy)
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Filing 24
First MOTION for pre motion conference by City of New York, Bill DeBlasio. (Devine, Kerri)
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ORDER deferring ruling on #24 . The premotion conference is waived. This letter motion is deemed to constitute defendants' motion to dismiss under 12(b)(6). Plaintiff's opposition due 11/24/2021; reply, if any, due by 12/1/2021. Ordered by Judge Brian M. Cogan on 11/10/2021. (Weisberg, Peggy)
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Filing 23
NOTICE OF APPEAL by Shaw-Nae Dixon. Filing fee $ 505, receipt number ANYEDC-14957535. (Berutti, Ronald)
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Incorrect Case/Document/Entry Information. #21 incorrect event used counsel must refile using correct event notice of appeal. (Guzzi, Roseann)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #23 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. (Jones, Vasean)
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Filing 22
NOTICE of Voluntary Dismissal by Shaw-Nae Dixon as to Mary Josephine Generoso only (Berutti, Ronald)
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Filing 21
NOTICE by Shaw-Nae Dixon re #20 Order on Motion for TRO NOTICE OF APPEAL (Berutti, Ronald)
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Filing 20
MEMORANDUM DECISION AND ORDER dated 10/10/21 that plaintiffs' motion for a preliminary injunction is denied. ( Ordered by Judge Brian M. Cogan on 10/10/2021 ) (Guzzi, Roseann)
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Minute Entry and Order for hearing held on 10/8/2021 before Judge Brian M. Cogan. Counsel for both sides appeared by video. The Court heard arguments on plaintiffs' motion for a preliminary injunction. Ruling reserved. See transcript for details. (Court Reporter: Charleane Heading) (Weisberg, Peggy)
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Filing 19
REPLY in Support of Plaintiffs' Motion, MEMORANDUM in Support of Plaintiffs' Motion filed by Shaw-Nae Dixon. (Berutti, Ronald)
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Filing 18
AFFIDAVIT/DECLARATION in Support re #2 Emergency MOTION for Temporary Restraining Order filed by Shaw-Nae Dixon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Berutti, Ronald)
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ORDER re hearing on plaintiffs' motion scheduled for 10/8/2021 at 2:15 PM by video. The parties are to use the video link provided by email. Public access is available by telephone at 888-684-8852 and entering access code 6427877. Ordered by Judge Brian M. Cogan on 10/8/2021. (Clarke, Melonie)
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ORDER granting #17 . Defendants' time to answer is extended by thirty days from the date the Court issues a decision on the motion for a preliminary injunction. Ordered by Judge Brian M. Cogan on 10/7/2021. (Weisberg, Peggy)
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Filing 17
First MOTION for Extension of Time to File Answer or respond to the Complaint by City of New York, Bill DeBlasio. (Paul, Jasmine)
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ORDER granting #16 . Plaintiffs may file a 15-page reply memorandum of law. Ordered by Judge Brian M. Cogan on 10/6/2021. (Weisberg, Peggy)
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Filing 16
Letter MOTION for Leave to File Document , Reply Brief, of Fifteen Pages by Shaw-Nae Dixon. (Berutti, Ronald)
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Filing 15
MEMORANDUM in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by All Defendants. (Devine, Kerri)
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Filing 14
AFFIDAVIT/DECLARATION in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by All Defendants. (Devine, Kerri)
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Filing 13
AFFIDAVIT/DECLARATION in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: #1 Exhibit A Emergency Executive Order 225, #2 Exhibit B Emergency Executive Order 250) (Devine, Kerri)
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Filing 12
First MOTION for Leave to File Excess Pages by City of New York, Bill DeBlasio. (Paul, Jasmine)
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ORDER granting #12 Motion for Leave to File Excess Pages. Defendants may file a 28-page memorandum in opposition to plaintiff's motion for a preliminary injunction. Ordered by Judge Brian M. Cogan on 10/4/2021. (Weisberg, Peggy)
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Minute Entry and Order for Hearing held on 9/27/2021 before Judge Brian M. Cogan. Counsel for parties appeared by video. Defendants will submit their opposition to plaintiffs' motion for a preliminary injunction by 10/5/2021 at 12:00 PM. A video hearing on plaintiffs' motion for a preliminary injunction will be held on 10/08/2021 at 2:15 PM. A video link will be emailed to counsel of record at a later time. (Weisberg, Peggy)
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Filing 11
NOTICE of Appearance by Kerri Ann Devine on behalf of All Defendants (aty to be noticed) (Devine, Kerri)
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Filing 10
NOTICE of Appearance by Jasmine Paul on behalf of City of New York, Bill DeBlasio (aty to be noticed) (Paul, Jasmine)
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RESCHEDULING ORDER: The telephone conference on plaintiffs' #2 emergency motion for a temporary restraining order is rescheduled to 9/27/2021 at 9:45 am. Counsel will call the toll-free number 888-684-8852 and enter the access code 6427877# followed by security code 5090#. Ordered by Judge Brian M. Cogan on 9/21/2021. (Clarke, Melonie)
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Filing 9
SUMMONS Returned Executed by Shaw-Nae Dixon. City of New York served on 9/20/2021, answer due 10/11/2021. (Berutti, Ronald)
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Filing 8
SUMMONS Returned Executed by Shaw-Nae Dixon. Bill DeBlasio served on 9/20/2021, answer due 10/11/2021. (Berutti, Ronald)
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Filing 7
Summons Issued as to City of New York, Bill DeBlasio. (Attachments: #1 Summons for City of New York) (Piper, Francine)
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Filing 6
Letter to Judge Cogan re fwd copies of pleadings and filing a brief by Shaw-Nae Dixon (Berutti, Ronald)
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Case no longer referred to Magistrate Judge Lois Bloom. (Bowens, Priscilla)
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SCHEDULING ORDER: A telephone conference on plaintiffs' #2 emergency motion for a temporary restraining order is scheduled for 9/21/2021 at 10:30 am. Counsel will call the toll-free number 888-684-8852 and enter the access code 6427877# followed by security code 5090#. Ordered by Judge Brian M. Cogan on 9/17/2021. (Weisberg, Peggy) Modified on 9/17/2021 (Weisberg, Peggy).
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Chief Judge Margo K. Brodie no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 9/17/2021. (Bowens, Priscilla)
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ORDER re: #6 . It should be obvious to counsel that a court's rules can't operate ex post facto. In addition, in the future, since this letter seeks relief from the Court, it should have been designated as an ECF event Letter "Motion". Ordered by Judge Brian M. Cogan on 9/17/2021. (Weisberg, Peggy)
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Filing 5
Proposed Summons.Civil Cover Sheet.. by Shaw-Nae Dixon (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Berutti, Ronald)
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Filing 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Filing 3
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)
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Filing 2
Emergency MOTION for Temporary Restraining Order by Shaw-Nae Dixon. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration, #9 Declaration, #10 Declaration, #11 Declaration, #12 Declaration, #13 Memorandum in Support) (Berutti, Ronald)
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Filing 1
COMPLAINT and Jury Demand against Bill DeBlasio filing fee $ 402, receipt number ANYEDC-14832488 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Shaw-Nae Dixon. (Berutti, Ronald)
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Notice: Re: Incomplete Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla)
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Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Lois Bloom. 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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