DeMartino et al v. New York State Department of Taxation and Finance et al
| Frank DeMartino and TADCO Construction Corp. |
| New York State Department of Taxation and Finance and Acting Commissioner Amanda Hiller |
| 1:2021cv05967 |
| October 27, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Peggy Kuo |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
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Filing 11
SCHEDULING ORDER: A telephonic initial conference will be held at 2:30 P.M. on 2/04/2022 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than two days before 2/04/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/13/2021. (Manson, Eddie)
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| Filing 10 First MOTION to Adjourn Conference (Pre-Motion Conference) by Frank DeMartino, TADCO Construction Corp.. (Ha, Bryan) |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 2/2/2022 02:30 PM before Judge Frederic Block. (Innelli, Michael) |
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ELECTRONIC ORDER: Plaintiff's letter application #10 with the consent of the defendant is GRANTED. The telephone pre-motion conference scheduled for December 15, 2021 is adjourned to an in person pre-motion conference on February 2, 2022 at 2:30 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 12/13/2021. (Innelli, Michael)
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Filing 9
SCHEDULING ORDER: The defendant's letter application #8 dated 11/24/21 is GRANTED. A telephone pre motion conference is scheduled for December 15, 2021 @ 4:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this telephone pre-motion conference and then file a letter application. All parties are directed to call 877-336-1839 then enter access code 7543641 at the time of the conference . Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone pre-motion conference. Ordered by Judge Frederic Block on 11/30/2021. (Innelli, Michael)
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| Set/Reset Hearings: Telephone Pre-Motion Conference set for 12/15/2021 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 8 Letter MOTION for pre motion conference by Amanda Hiller, New York State Department of Taxation and Finance. (Conrad, Matthew) |
| Filing 7 NOTICE of Appearance by Matthew Lawrence Conrad on behalf of Amanda Hiller, New York State Department of Taxation and Finance (aty to be noticed) (Conrad, Matthew) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Peggy Kuo 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 11/19/2021. (Bowens, Priscilla)
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| Filing 6 Letter response to Order entered on 10/28/2021 by Frank DeMartino, TADCO Construction Corp. (Ha, Bryan) |
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ORDER: Plaintiffs are directed to indicate the correct case number and provide the name of the purported related case listed in the civil cover sheet filed at [1-4] by November 3, 2021. Ordered by Magistrate Judge Peggy Kuo on 10/28/2021. (O'Neil-Berven, Ryan)
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on January 27, 2022 at 11:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerks Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By January 21, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 10/27/2021. (O'Neil-Berven, Ryan)
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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) |
| 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) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Hiller summons) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Amanda Hiller, New York State Department of Taxation and Finance filing fee $ 402, receipt number ANYEDC-14971008 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Frank DeMartino, TADCO Construction Corp.. (Attachments: #1 Exhibit Exh A - DTF account statement for TADCO Construction Corp., #2 Exhibit Exh B - DTF account statement for Frank DeMartino, #3 Exhibit Exh C - Tax Warrant Satisfaction, #4 Civil Cover Sheet, #5 Proposed Summons, #6 Proposed Summons) (Ha, Bryan) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Peggy Kuo. 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) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
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