
Plaintiff James M. Maloney sued Defendant Madeline Singas, in her capacity as the Nassau County District Attorney, seeking a declaration that New York State's ban on nunchucks (also known as chuka sticks or nunchaku) is unconstitutional under the Second Amendment.
James M. Maloney |
Denis Dillon, George Pataki, Kathleen M. Rice, Eliot Spitzer and Madeline Singas |
2:2003cv00786 |
February 18, 2003 |
US District Court for the Eastern District of New York |
Central Islip Office |
Pamela K Chen |
Anne Y Shields |
Constitutional - State Statute |
28:2201 |
None |
This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
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Filing 222 JUDGMENT on Attorney Fees. ORDERED and ADJUDGED that the motion for attorney's fees by Plaintiff's limited counsel Gary L. Donoyan is granted; and that Donoyan is awarded a total amount of $6,300. Signed by Douglas C. Palmer, Clerk of Court by Deputy Clerk Jalitza Poveda on 4/23/2019. (Love, Alexis) |
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Costs Taxed in amount of $ 9512.03 against Defendants, in favor of Plaintiff, and included in the Judgment. The cost of the deposition transcript has been reduced at the rate of $0.12 per page for the disallowed second copy. See Local Civ. R. 54.1(c )(2). The $14.14 for printing has been disallowed as counsel has not established that the copies were not merely for the convenience of counsel or the Court. See Local Civ. R. 54.1(c)(5). Douglas C. Palmer, Clerk of Court, by Brenna B. Mahoney, Chief Deputy. (Mahoney, Brenna) |
Filing 220 BILL OF COSTS refiled with notice and affidavit per ECF text notice from Clerk 1/29/2019 by James M. Maloney (Maloney, James) |
NOTICE re #219 Bill of Costs. Counsel is directed to refile the Bill of Costs with a notice of date and time of taxation in compliance with the notice period prescribed by Fed. R. Civ. P. 54, as well as an affidavit, as is required by Local Civil Rule 54.1(a). Douglas C. Palmer, Clerk of Court, by Brenna B. Mahoney, Chief Deputy. (Mahoney, Brenna) |
Filing 219 BILL OF COSTS by James M. Maloney (Maloney, James) |
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Filing 217 MOTION for Attorney Fees for limited counsel Gary L. Donoyan by James M. Maloney. (Donoyan, Gary) |
Filing 216 CLERK'S JUDGMENT: The Court declares that New York Penal Laws 265.01(1) and 265.10(1), (2), & (4), as applied to nunchaku, are an unconstitutional restriction on the right to bear arms under the Second Amendment and are, therefore, void. Ordered by Deputy Clerk for Clerk of Court on 12/26/2018. (Abdallah, Fida) |
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Filing 214 Letter by James M. Maloney (Maloney, James) |
Minute Entry for proceedings held before Judge Pamela K. Chen: Oral Argument held on 12/5/2018. Appearances by James M. Maloney, Pro Se, and Liora M. Ben-Sorek for defendant Singas. Case called. Arguments made. Decision reserved. (FTR Log #10:59-12:33.) (Abdallah, Fida) |
Filing 213 Letter responding to Memo and Order of October 1, 2018 (DE 210) by Madeline Singas (Ben-Sorek, Liora) |
Filing 212 Letter responsive to Memorandum & Order of October 1, 2018 (DE 210) by James M. Maloney (Maloney, James) |
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Filing 211 Joint MOTION for Extension of Time to File response to October 1, 2018 Order (DE 210) by Madeline Singas. (Ben-Sorek, Liora) |
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Filing 209 Letter listing dates of parties availabilty for Oral Argument in November and December 2018 by Madeline Singas (Ben-Sorek, Liora) |
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Filing 208 Letter requesting Oral Argument be held on November 21, 2018 by Madeline Singas (Ben-Sorek, Liora) |
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Filing 207 Letter MOTION to Continue Oral Argument Date by Madeline Singas. (Ben-Sorek, Liora) |
Filing 206 TRIAL BRIEF (Reply) by Madeline Singas (Ben-Sorek, Liora) |
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Filing 205 Letter MOTION for Extension of Time to File by Madeline Singas. (Ben-Sorek, Liora) |
Filing 204 Exhibit List (corrected to include Exhibit K inadvertently omitted from DE 203) by James M. Maloney. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit K) (Maloney, James) |
Filing 203 Exhibit List with attcahed Exhibits B, C,E, F, G, and H (omits A and D as not admitted into evidence; omits I and J as subject to a protective order) by James M. Maloney. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H) (Maloney, James) |
Filing 202 TRIAL BRIEF by James M. Maloney (Attachments: #1 Appendix Jimenez Slip Opinion) (Maloney, James) |
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Filing 201 Letter confirming revised date for oral argument by James M. Maloney (Maloney, James) |
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Filing 200 Letter MOTION for Extension of Time to File Response/Reply as to #199 Trial Brief,, consented to by Defendant, by James M. Maloney. (Maloney, James) |
Filing 199 TRIAL BRIEF by Madeline Singas (Attachments: #1 Exhibit A - NYS Legislative History for 1974 Amendment to PL 265.01, #2 Exhibit C - Plea and Sentence Minutes, People v. Maloney, #3 Exhibit D - NC District Attorney's Office Statistice re: Criminal Charges, #4 Exhibit E - Bureau of Justice Statistice on Weapon Uses and Violent Crime, #5 Exhibit F - NYS Penal Law 265.00, #6 Exhibit G - NYS Penal Law 265.01, #7 Exhibit H - NYS Penal Law 265.15, #8 Exhibit J - NYS Penal Law 265.20, #9 Exhibit K - Responses to Defendant's Subpoenas re: manufacturing and sales data, #10 Exhibit L - Commentary and Explanation of Subaru Commercial) (Ben-Sorek, Liora) |
Filing 198 Letter accompanying Defendant's Trial Brief by Madeline Singas (Ben-Sorek, Liora) |
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Filing 197 Letter MOTION for Extension of Time to File Opening Brief and Supporting Documents by James M. Maloney. (Maloney, James) |
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Minute Entry for proceedings held before Judge Pamela K. Chen:Telephonic status conference held on 6/5/18. Appearances by Plaintiff James M. Maloney, pro se; Liora M. Ben-Sorek for Defendant. Case called. Discussion held. The Court set the following schedule: (1) Defendant shall produce to Plaintiff all remaining discovery by June 22, 2018; (2) Plaintiff shall file any objections by June 29, 2018; (3) Defendant shall file its opening brief and all supporting exhibits (including from the last trial) by July 20, 2018; (4) Plaintiff shall file his reply and all supporting exhibits (including from the last trial) by August 10, 2018; (5) Defendant shall file its reply, if any, by August 24, 2018; and (6) the Court will hold oral argument on September 7, 2018 at 10 a.m. in Courtroom 4F North. The parties must submit a courtesy copy to the Court of their briefs and exhibits. (Court Reporter Georgette Betts) (Hess, Alexandra) |
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Filing 196 Letter by Madeline Singas (Ben-Sorek, Liora) |
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Filing 195 TRIAL BRIEF (PLAINTIFF'S MEMORANDUM IN ADVANCE OF THE RE-OPENED BENCH TRIAL) by James M. Maloney (Maloney, James) |
Filing 194 NOTICE by Madeline Singas of parties' Joint Pre-Trial Order (Ben-Sorek, Liora) |
Minute Entry for proceedings held before Judge Pamela K. Chen: Telephonic status conference held on 3/8/18. Appearances by Plaintiff James M. Maloney, pro se; Liora M. Ben-Sorek for Defendant. Case called. Discussion held. As stated on the record, the Court revises and supplements the previous discovery schedule relating to the re-opened trial, set to begin on June 4, 2018: (1) Defendant shall produce to Plaintiff all remaining documentary and physical discovery by April 16, 2018; (2) any additional discovery related to the April 16, 2018 discovery (e.g., depositions, etc.) shall be completed by May 16, 2018; and (3) the parties shall file a Joint Pre-Trial Order by May 23, 2018. The Court advised the parties that the June 4, 2018 trial date will not be adjourned. (Court Reporter Anthony Frisolone.) (Hess, Alexandra) Modified on 3/12/2018 to correct Court Reporter's name. (Abdallah, Fida) |
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Filing 193 Letter pursuant to Court's February 7 and 15, 2018 Orders by Madeline Singas (Ben-Sorek, Liora) |
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Filing 192 Letter by James M. Maloney (Maloney, James) |
Minute Entry for Telephonic Status Conference held on 9/27/2017 in Courtroom 4F North before Judge Pamela K. Chen: Appearances by James Maloney pro se; Liora Ben-Sorek for Defendant. Case called. Discussion held. The Court set the following deadlines: (1) By January 31, 2018, the parties will produce all discovery material, including any necessary expert disclosures; (2) by February 28, 2018, all depositions of witnesses, including expert(s), will be conducted; (3) by February 28, 2018, the parties shall submit a joint letter to the Court confirming completion of discovery; (4) by April 30, 2018, all pre-trial filings, such as anticipated findings of fact and conclusions of law and in limine motions shall be filed; (5) the re-opened bench trial will commence on June 4, 2018. The Court noted that response dates for in limine motions will be set after the parties submit their pre-trial filings.(Court Reporter Angela Grant.) (Lee, Helen) |
Filing 191 Letter addressing scope of anticipated additional discovery by Madeline Singas (Ben-Sorek, Liora) |
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Filing 190 Joint Motion to Appear by Telephone , Joint MOTION to Adjourn Conference of 9/21/2017 (earlier dates also provided) by James M. Maloney. (Maloney, James) |
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Filing 189 Letter pursuant to July 23, 2017 Order (DE 188) requestion permission for Defendant to supplement the current record by Madeline Singas (Ben-Sorek, Liora) |
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Filing 187 Letter by James M. Maloney (Donoyan, Gary) |
Filing 186 Letter by Madeline Singas (Attachments: #1 Exhibit Letter from Plaintiff Pro Se) (Ben-Sorek, Liora) |
Filing 185 Proposed Findings of Fact by Madeline Singas (Ben-Sorek, Liora) |
Filing 184 Proposed Findings of Fact by James M. Maloney (Maloney, James) |
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Filing 183 Letter MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law by Madeline Singas. (Ben-Sorek, Liora) |
Filing 182 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/12/17, before Judge Chen. Court Reporter/Transcriber Marie Foley, Telephone number 718-613-2596. Email address: Marie_Foley@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/14/2017. Redacted Transcript Deadline set for 3/24/2017. Release of Transcript Restriction set for 5/22/2017. (Foley, Marie) |
Filing 181 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/10/17, before Judge Chen. Court Reporter/Transcriber Marie Foley, Telephone number 718-613-2596. Email address: Marie_Foley@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/14/2017. Redacted Transcript Deadline set for 3/24/2017. Release of Transcript Restriction set for 5/22/2017. (Foley, Marie) |
Filing 180 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/09/17, before Judge Chen. Court Reporter/Transcriber Marie Foley, Telephone number 718-613-2596. Email address: Marie_Foley@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/14/2017. Redacted Transcript Deadline set for 3/24/2017. Release of Transcript Restriction set for 5/22/2017. (Foley, Marie) |
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Minute Entry for proceedings held before Judge Pamela K. Chen: Bench Trial completed on 1/12/2017. Witnesses sworn and testified. Exhibits marked and entered into evidence. Plaintiff rests. Defense moves for dismissal pursuant to Rule 50. Motion denied for leave to renew at the end of trial. Defense rests. Defense renews motion for dismissal. Motion denied. Parties to file proposed finding of fact and conclusions of law by 2/23/2017. Court reserves decision. (Court Reporter Marie Foley.) (Abdallah, Fida) |
Minute Entry for proceedings held before Judge Pamela K. Chen: Bench Trial held on 1/10/2017. Appearances by James Maloney, pro se, Plaintiff; Liora Ben-Sorek and Donald Berk for Defendant. Witness testimony continued. Exhibits marked and entered into evidence. Bench trial continued to 1/12/2017, at 9:30 a.m. (Court Reporter Marie Foley.) (Abdallah, Fida) |
Minute Entry for proceedings held before Judge Pamela K. Chen: Bench Trial held on 1/9/2017. Appearances by James Maloney, pro se, and Gary Donoyan for Plaintiff; Liora Ben-Sorek and Donald Berk for Defendant. Case called. Bench trial begun. Opening statements made. Witnesses sworn and testified. Exhibits marked and entered into evidence. Bench trial continued to 1/10/2017, at 9:30 a.m. (Court Reporter Marie Foley.) (Abdallah, Fida) |
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Filing 178 Subpoena by James M. Maloney. (Attachments: #1 Proposed Order (Subpoena)) (Maloney, James) |
Filing 177 NOTICE of Appearance by Donald J. Berk on behalf of Madeline Singas (aty to be noticed) (Berk, Donald) |
Minute Entry for proceedings held before Judge Pamela K. Chen on 1/4/17: Appearances by James Maloney pro se and Gary Donoyan for Plaintiff; Liora Ben-Sorek and Donald Berk for Defendant. Case called. Discussion held. The Court ruled on the record regarding Plaintiff's motion in limine and various objections by both parties. Plaintiff's counsel indicated that he will submit to the Court for its endorsement a trial subpoena for a representative of Asian World of Martial Arts, Inc. ("AWMA"). The Court deferred ruling until trial on Defendant's objections to the "internal exhibits" of Kevin Orcutt and Chris Pelleteri and on Defendant's objections to the printouts of catalog listings and descriptions of merchandise sold by AWMA printed from screenshots of AWMA's website. The Court directed Defendants to serve Plaintiff with copies of data compilations and/or summaries of the same from Nassau county District Attorney's Office databases regarding prosecutions under Penal Law Section 265.01 by no later than midday January 6, 2017. Trial will begin on Monday, January 9, 2017, at 9:30 a.m. in Courtroom 4F North. On the first day of trial, the parties should come prepared with four (4) copies of their respective exhibits. All exhibits must be pre-marked and in binders with labeled tabs. (Court Reporter Annette Montalvo.) (Lee, Helen) |
Filing 176 Letter with attachments re: production of nunchaku for trial by James M. Maloney (Maloney, James) |
Filing 175 RESPONSE in Opposition re #174 MOTION in Limine , MEMORANDUM in Opposition re #174 MOTION in Limine filed by Madeline Singas. (Ben-Sorek, Liora) |
Filing 174 MOTION in Limine by James M. Maloney. (Attachments: #1 Appendix Transcript dated January 28, 2003, #2 Appendix Memorandum of Decision and Order dated August 31, 2005 (Spatt, J.) (ECF Doc. No. 41 herein)) (Maloney, James) |
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Filing 173 Proposed Pretrial Order (amended) by James M. Maloney (Maloney, James) |
Filing 172 STIPULATION proposed to be so-ordered regarding confidential information by James M. Maloney (Attachments: #1 Exhibit Agreement Regarding Confidential Information) (Maloney, James) |
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Filing 171 Letter MOTION for Extension of Time to File amended Joint Pre-Trial Order (with the consent of plaintiff) by Madeline Singas. (Ben-Sorek, Liora) |
Minute entry for pre-trial conference held before Judge Pamela K. Chen on 9/29/16: Appearances by pro se Plaintiff James M. Maloney; Ralph J. Reissman for Defendant. Case called. Discussion held. If Defendant does intend to use portions of Plaintiff's deposition testimony at trial, then no later than 11/18/16, she shall revise the JPTO to designate those portions and Plaintiff counter-designate any portions as he finds necessary. Similarly, if Defendant intends to introduce any witnesses or other evidence about the use of nunchakus, those should also be included in the amended JPTO submitted on or before 11/18/16. The parties shall file motions in limine on or before 12/16/2016, with responses to be filed by 12/23/16, and no replies permitted. The bench trial shall begin on 1/9/17 at 9:30 a.m., with the parties' proposed findings of fact and conclusions of law to be submitted following trial, by a deadline to be determined later. (Court Reporter Linda Danelczyk.) (Chan, Grace) |
Filing 170 NOTICE of Appearance by Ralph J. Reissman on behalf of Madeline Singas (aty to be noticed) (Reissman, Ralph) |
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Filing 169 Letter in response to text order of this date by James M. Maloney (Maloney, James) |
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Filing 168 Letter MOTION to Adjourn Conference by James M. Maloney. (Maloney, James) |
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Filing 167 Proposed Pretrial Order by James M. Maloney (Maloney, James) |
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Filing 166 Letter MOTION for Extension of Time to Complete Discovery (to the extent same may be required) for the sole purpose of obtaining business records in advance of trial (unopposed by Defendant), by James M. Maloney. (Attachments: #1 Appendix Subpoena to be served) (Maloney, James) |
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Filing 165 MOTION for Extension of Time to File Joint Pretrial Order by James M. Maloney. (Maloney, James) |
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Filing 163 Letter MOTION for pre motion conference re #162 Letter (corrected filing: 162 should have been filed as a motion under Individual Rule 3(A)) by James M. Maloney. (Attachments: #1 Appendix) (Maloney, James) |
Filing 162 Letter in the wake of Caetano v. Massachusetts by James M. Maloney (Attachments: #1 Appendix) (Maloney, James) |
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Filing 161 STATUS REPORT (JOINT STATUS REPORT, filed as ordered in text order dated January 7, 2016), by James M. Maloney (Maloney, James) |
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Filing 160 NOTICE of Appearance by Gary L. Donoyan on behalf of James M. Maloney (aty to be noticed) (Donoyan, Gary) |
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Filing 159 STATUS REPORT by Madeline Singas (Ben-Sorek, Liora) |
Filing 158 MOTION for Leave to File Documentary and Physical Evidence with the Court pursuant to Local Civil Rule 39.1(a) by James M. Maloney. (Attachments: #1 Exhibit A) (Maloney, James) |
Filing 157 NOTICE by Madeline Singas re Order on Motion for Reconsideration,, Notice of Withdrawal as Attorneys of Record re: former Deputy County Attorneys Tatum J. Fox and David Adam Tauster (Ben-Sorek, Liora) |
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Filing 156 MEMORANDUM in Support re #155 Notice of MOTION for Reconsideration re Order on Motion to Withdraw as Attorney, (motion to remove Tatum J. Fox, Esq., of the Nassau County Police Department from the Notice of Electronic Filing (NEF) distribution) filed by James M. Maloney. (Attachments: #1 Exhibit, #2 Exhibit) (Maloney, James) |
Filing 155 Notice of MOTION for Reconsideration re Order on Motion to Withdraw as Attorney, (motion to remove Tatum J. Fox, Esq., of the Nassau County Police Department from the Notice of Electronic Filing (NEF) distribution) by James M. Maloney. (Maloney, James) |
Filing 154 Letter respectfully bringing to the Court's attention the fact that NEF distribution to Nassau County Police Department personnel continues (explanatory letter re: need to make motion for reconsideration) by James M. Maloney (Maloney, James) |
Filing 153 Letter informing the Court and Defendant that Plaintiff agrees to be deposed rather than be foreclosed from giving any testimony at trial, by James M. Maloney (Attachments: #1 Appendix text order of August 3, 2015) (Maloney, James) |
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Filing 152 REPLY to Response to Motion re #150 Letter MOTION to Withdraw as Attorney (remove from ECF distribution Tatum Fox, Esq., Nassau County Police Department) filed by James M. Maloney. (Maloney, James) |
Filing 151 RESPONSE in Opposition re #150 Letter MOTION to Withdraw as Attorney (remove from ECF distribution Tatum Fox, Esq., Nassau County Police Department) filed by Madeline Singas. (Fernandez, Pablo) |
Filing 150 Letter MOTION to Withdraw as Attorney (remove from ECF distribution Tatum Fox, Esq., Nassau County Police Department) by James M. Maloney. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Maloney, James) |
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Filing 149 Letter MOTION for Extension of Time to File Response/Reply as to #148 Letter with consent of Plaintiff by Madeline Singas. (Ben-Sorek, Liora) |
Filing 148 Letter responsive to July 23 conference by James M. Maloney (Attachments: #1 Appendix Slip Opinion (Nuccio v. Duve)) (Maloney, James) |
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Filing 147 Joint MOTION for Extension of Time to File Joint Pretrial Order; Joint MOTION to reopen discovery for limited purpose; Joint MOTION for conference; STATUS REPORT by James M. Maloney. (Maloney, James) |
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Case Reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Arlene R. Lindsay no longer assigned to the case. (Mahoney, Brenna) |
Filing 145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 24, 2013, before Judge Chen. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2014. Redacted Transcript Deadline set for 5/23/2014. Release of Transcript Restriction set for 7/21/2014. (Driscoll, Holly) |
Filing 144 Letter attaching transcript of October 24, 2013, conference, by James M. Maloney (Attachments: # 1 Appendix) (Maloney, James) |
Motions terminated, docketed incorrectly: # 138 MOTION for Summary Judgment Rule 56.1 Counter Statement , # 140 MOTION for Summary Judgment Memorandum of Law , # 139 MOTION for Summary Judgment Declaration of Liora M. Ben-Sorek , # 141 Fully Briefed MOTION for Summary Judgment Reply Memorandum of Law . These documents are not motions; they are supporting documents. These documents are not to be re-filed. NO further action is necessary. (Abdallah, Fida) |
Filing 143 AFFIDAVIT of Service for motion papers (Documents 135, 136) served on County Attorney's Office on 2/27/14, filed by James M. Maloney. (Maloney, James) |
Filing 142 AFFIDAVIT of Service for motion papers (Documents 132, 133, 134) served on County Attorney's Office on 12/16/13, filed by James M. Maloney. (Maloney, James) |
Filing 141 Fully Briefed MOTION for Summary Judgment Reply Memorandum of Law by Kathleen M. Rice. (Attachments: # 1 Affidavit of Service) (Tauster, David) |
Filing 140 MOTION for Summary Judgment Memorandum of Law by Kathleen M. Rice. (Attachments: # 1 Affidavit of Service) (Tauster, David) |
Filing 139 MOTION for Summary Judgment Declaration of Liora M. Ben-Sorek by Kathleen M. Rice. (Attachments: # 1 Exhibit A, # 2 Exhibit A (Civil Cover Sheet), # 3 Exhibit B) (Tauster, David) |
Filing 138 MOTION for Summary Judgment Rule 56.1 Counter Statement by Kathleen M. Rice. (Tauster, David) |
Filing 137 Fully Briefed MOTION for Summary Judgment Notice of Cross Motion by Kathleen M. Rice. (Tauster, David) |
Filing 136 AFFIDAVIT/DECLARATION in Opposition re # 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion , AFFIDAVIT/DECLARATION in Support re # 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion (one document with four exhibits numbered consecutively from those submitted with Declaration of December 16, 2013) filed by James M. Maloney. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Maloney, James) |
Filing 135 REPLY in Support re # 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion (Memo in Reply and in Opposition to Cross-Motion) filed by James M. Maloney. (Maloney, James) |
Filing 134 RULE 56.1 STATEMENT re # 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion filed by James M. Maloney. (Maloney, James) |
Filing 133 AFFIDAVIT/DECLARATION in Support re # 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion filed by James M. Maloney. (Attachments: # 1 Exhibit, # 2 Exhibit) (Maloney, James) |
Filing 132 MEMORANDUM in Support re # 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion filed by James M. Maloney. (Maloney, James) |
Filing 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion by James M. Maloney. (Maloney, James) |
Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference held on 10/24/13. Appearing pro se , Plaintiff James Maloney; for Defendant, Liora Ben-Sorek. At this conference, the Court set the following briefing schedule for Plaintiff's motion and Defendant's cross-motion for summary judgment: (i) Plaintiff's moving papers, not to exceed 40 pages , shall be served by 12/16/13; (ii) Defendant's opposition and cross-moving papers, not to exceed 60 pages , shall be served by 1/27/14; (iii) Plaintiff's reply, if any, and opposition, not to exceed 60 pages , shall be served by 2/27/14; and (iv) Defendant's reply, if any, not to exceed 20 pages , shall be served by 3/20/14. The parties shall file their fully-briefed motions, with courtesy copies to the Court, by 3/20/14. (Court Reporter Holly Driscoll.) (Lo, Justin) Modified on 3/24/2014 to correct court reporter) (Abdallah, Fida). |
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Filing 130 Letter to Judges Chen and Lindsay in response to Defendant's letter (129) and in advance of October 24 conference by James M. Maloney (Maloney, James) |
Filing 129 Letter regarding status of discovery, pursuant to Court's October 2, 2013 Order (DE 127) by Kathleen M. Rice (Ben-Sorek, Liora) |
Filing 128 Letter responsive to Document 127 (Order) by James M. Maloney (Maloney, James) |
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Filing 126 Letter in compliance with 9/17 ORDER TO SHOW CAUSE ("Plaintiff is directed to submit a letter, by October 1, 2013, explaining why this case should not be dismissed for failure to prosecute.") by James M. Maloney (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Maloney, James) |
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Judge Pamela K. Chen added. Judge Arthur D. Spatt no longer assigned to case. (Gapinski, Michele) |
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Filing 124 RESPONSE in Opposition re # 123 Letter MOTION to Compel Production of the Defendant for a Deposition and cross-motion for a protective order pursuant to Fed. R. Civ. P. 26(c), with annexed exhibits A through E filed by Kathleen M. Rice. (Ben-Sorek, Liora) |
Filing 123 Letter MOTION to Compel Production of the Defendant for a Deposition by James M. Maloney. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Maloney, James) |
Document # 120 Motion to Compel deemed withdrawn. (Imrie, Robert) |
Filing 122 STATUS REPORT (Joint Status Report: the parties have agreed that Defendant will produce the proffered witness, Mr. Mancuso, on June 29, 2011, at the time and place previously noticed, provided that Plaintiff withdraws without prejudice his pending letter motion (DE # 120) to compel the production of Defendant RICE personally; the parties further agree that Defendant's cross-motion for a protective order protecting Defendant RICE from being deposed personally (see DE # 121 at page 3 of 23) is also withdrawn without prejudice) by James M. Maloney (Maloney, James) |
Filing 121 RESPONSE in Opposition re # 120 Letter MOTION to Compel Deposition of Defendant RICE personally with attached Exhibits A, B and C filed by Kathleen M. Rice. (Ben-Sorek, Liora) |
Filing 120 Letter MOTION to Compel Deposition of Defendant RICE personally by James M. Maloney. (Maloney, James) |
Filing 118 ANSWER to # 116 Amended Complaint by Kathleen M. Rice. (Ben-Sorek, Liora) |
CASE REFERRED to Magistrate Judge Arlene R. Lindsay. Motions referred to Arlene R. Lindsay. Case no longer referred to Mag. Judge Michael L. Orenstein. (Mahon, Cinthia) |
Filing 116 AMENDED COMPLAINT (Second Amended Complaint) against Kathleen M. Rice, filed by James M. Maloney. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Maloney, James) |
Filing 117 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: Show Cause Hearing held on 10/15/2010 at 9:16 a.m. Court Reporter: Owen Wicker. Case called. Counsel for all parties present. Order to Show Cause held. Plaintiff to amend the complaint to change the language by connecting the existing complaint. Other rulings on the record. (Coleman, Laurie) |
Filing 115 REPLY to Response to Motion re # 101 MOTION to Amend/Correct/Supplement Complaint per Rule 15 (cover letter with motion papers listed therein) filed by James M. Maloney. (Attachments: # 1 Appendix Opinion referenced at pages 2-3 of Opposition Memorandum (Document 114)) (Maloney, James) |
Filing 114 MEMORANDUM in Opposition re # 113 Order to Show Cause,,, filed by Denis Dillon(in his official capacity as District Attorney of the County of Nassau), Kathleen M. Rice. (Ben-Sorek, Liora) |
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Filing 112 Unsigned Order to Show Cause (supersedes Document 104) by James M. Maloney (Maloney, James) |
Filing 111 Letter to Senior District Judge Arthur D. Spatt by James M. Maloney (Maloney, James) |
Filing 110 Letter to Magistrate Judge Michael L. Orenstein by James M. Maloney (Maloney, James) |
Filing 109 AFFIDAVIT of Service for Document 106, Proposed Second Amended Complaint with Exhibits 1-6 served on Dorothy Oehler O. Nese, Esq.; Liora M. Ben-Sorek, Esq. on 9/17/2010, filed by James M. Maloney. (Maloney, James) |
Filing 108 AFFIDAVIT of Service for Document 103, Memorandum of Law in Support of Motion served on Dorothy Oehler O. Nese, Esq.; Liora M. Ben-Sorek, Esq. on 9/17/2010, filed by James M. Maloney. (Maloney, James) |
Filing 107 AFFIDAVIT of Service for Document 102, Declaration in Support of Motion with Exhibits 1-11 served on Dorothy Oehler O. Nese, Esq.; Liora M. Ben-Sorek, Esq. on 9/17/2010, filed by James M. Maloney. (Maloney, James) |
Filing 106 Proposed Supplemental COMPLAINT (proposed Second Amended Complaint, supersedes # 105 , correcting filing error as to party filed "against" as well as errors in paragraphs 75, 76 and Wherefore clause that had resulted from conversion to pdf of earlier draft. This document is otherwise identical in all respects to # 105 ) , filed by James M. Maloney. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Maloney, James) |
Filing 105 Proposed Supplemental COMPLAINT (proposed Second Amended Complaint) , filed by James M. Maloney. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Maloney, James) |
Filing 104 Unsigned Order to Show Cause in connection with # 101 Rule 15 motion by James M. Maloney (Maloney, James) |
Filing 103 MEMORANDUM in Support re # 101 MOTION to Amend/Correct/Supplement Complaint per Rule 15 (cover letter with motion papers listed therein) filed by James M. Maloney. (Maloney, James) |
Filing 102 AFFIDAVIT/DECLARATION in Support re # 101 MOTION to Amend/Correct/Supplement Complaint per Rule 15 (cover letter with motion papers listed therein) filed by James M. Maloney. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Maloney, James) |
Filing 101 MOTION to Amend/Correct/Supplement Complaint per Rule 15 (cover letter with motion papers listed therein) by James M. Maloney. (Maloney, James) |
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Case Reopened. (Mahon, Cinthia) |
Filing 99 Letter MOTION for Leave to File Second Amended Complaint by James M. Maloney. (Attachments: # 1 Appendix) (Maloney, James) |
Filing 119 Mail receipt. Documents mailed to James Maloney by certified mail receipt number 70001670000754362071 received on 10/6/2009. (Padilla, Kristin) |
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Filing 97 Letter MOTION for Reconsideration, MOTION to Intervene . Filed by Jonathan Lee Riches. . (Attachments: # 1 Certificate of Service) (Coleman, Laurie) |
Appeal Record Returned from USCA: this form emailed to Fred Nunnery c/o Court of Appeals. USCA# 07-0581-cv. (Duong, Susan) |
Filing 96 MANDATE of USCA: the judgment of the district court is AFFIRMED. Appellant's pending motions to strike dft. Kathleen Rice's brief and material in her July 28, 2008 Rule 28(j) letter are hereby DENIED, as to # 91 Notice of Appeal filed by James M. Maloney. Copy of mandate sent to Chambers. USCA# 07-0581-cv. (Duong, Susan) |
Original Documents (#2-16) forwarded to US Court of Appeals, Attn: Vincenza Mathias, requested on 11/26/08, re # 91 Notice of Appeal. USCA# 07-0581-cv. (Duong, Susan) |
Filing 95 NOTICE by James M. Maloney re # 85 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Judgment on the Pleadings, # 88 Judgment, # 92 Order on Motion for Reconsideration , Amended Notice of Appeal filed without additional fee as provided at FRAP 4(a)(4)(B)(iii) (Maloney, James) |
Filing 93 DESIGNATION of Record on Appeal by James M. Maloney re # 91 Notice of Appeal (Carine, Sandra) |
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Filing 94 MANDATE of USCA as to # 91 Notice of Appeal filed by James M. Maloney. USCA no. 07-581 cv. Copy sent to chambers. (Romano, Daniel) |
Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. # 43 Summons Returned Executed, # 48 Letter, # 64 Letter, # 85 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Judgment on the Pleadings, # 80 Motion to Adjourn Conference, # 74 Reply to Response to Motion, # 79 Order on Motion to Adjourn Conference, # 68 Motion for Judgment on the Pleadings, # 65 Order, # 63 Order, # 51 Notice of Appearance, # 84 Order on Motion to Adjourn Conference, # 17 Stipulation,, # 62 Letter, # 61 Status Conference,, Set Hearings, # 53 Order on Motion to Adjourn Conference, # 90 Reply to Response to Motion, # 58 Order, # 72 Reply to Response to Motion, # 91 Notice of Appeal, # 86 Motion for Reconsideration, # 83 Motion to Adjourn Conference, # 57 Motion to Dismiss/Lack of Jurisdiction, # 24 Motion for Summary Judgment, # 56 Letter,, # 54 Motion for Extension of Time to File Answer, # 69 Letter, # 33 Order, Set Hearings, # 59 Motion to Dismiss/Lack of Jurisdiction, # 50 Order, Set Hearings, # 27 Letter, # 20 Stipulation,, # 67 Response in Opposition to Motion, # 22 Motion for Summary Judgment, # 81 Order on Motion to Adjourn Conference, # 40 Order,, Set Hearings, # 71 Motion to Dismiss, # 88 Judgment, # 21 Motion for Summary Judgment, # 60 Letter, # 38 Letter, # 28 Order, # 73 Order, # 26 Reply to Response to Motion, # 34 Letter, # 70 Response in Opposition to Motion, # 36 Letter, # 87 Response in Opposition to Motion, # 39 Order, Set Hearings, # 47 Status Conference,, Set Hearings, # 41 Order on Motion for Summary Judgment,, # 66 Letter, # 46 Answer to Amended Complaint, # 75 Letter, # 18 Letter, # 35 Order, Set Hearings, # 31 Order,, Set Hearings, # 52 Motion to Adjourn Conference, # 25 Response to Motion, # 49 Letter, # 82 Order, Set Hearings, # 30 Order, Set Hearings, # 55 Order on Motion for Extension of Time to Answer, # 37 Order, # 32 Letter, # 77 Order on Motion to Dismiss, # 78 Motion to Adjourn Conference, # 89 Response in Opposition to Motion, # 44 Summons Returned Executed, # 23 Motion for Summary Judgment, # 42 Amended Complaint, # 1 Complaint, # 19 Motion for Summary Judgment, # 45 Notice of Appearance, # 29 Letter, # 76 Order, Set Hearings (Romano, Daniel) |
Filing 91 NOTICE OF APPEAL by James M. Maloney. Filing fee $ 455, receipt number 2239474. (Maloney, James) |
Filing 90 REPLY to Response to Motion re # 86 MOTION for Reconsideration re # 85 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Judgment on the Pleadings, filed by James M. Maloney. (Maloney, James) |
Filing 89 RESPONSE in Opposition re # 86 MOTION for Reconsideration re # 85 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Judgment on the Pleadings, filed by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Attachments: # 1 Exhibit A Plea and Sentence Minutes) (Ben-Sorek, Liora) |
Filing 87 RESPONSE in Opposition re # 86 MOTION for Reconsideration re # 85 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Judgment on the Pleadings, letter in response to Plaintiff's motion for reconsideration; filed by the State Defendants (Governor Spitzer substituted for former Governor Pataki; Attorney General Cuomo substituted for former A.G. Spitzer); filed by George Pataki, Eliot Spitzer. (Nese, Dorothy) |
Filing 86 MOTION for Reconsideration re # 85 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Judgment on the Pleadings, by James M. Maloney. (Maloney, James) |
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Filing 83 Letter MOTION to Adjourn Conference sceduled for December 18, 2006, by James M. Maloney. (Maloney, James) |
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Filing 80 Letter MOTION to Adjourn Conference before Chief Magistrate Judge Michael Orenstein, by all parties. (Nese, Dorothy) |
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Filing 78 Letter MOTION to Adjourn Conference scheduled for Friday, October 20, 2006 by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Ben-Sorek, Liora) |
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Filing 75 Letter requesting adjournment of conference before Chief Magistrate Judge Michael Orenstein currently scheduled for August 10, 2006, by James M. Maloney. (Maloney, James) |
Filing 74 REPLY to Response to Motion re # 59 First MOTION to Dismiss for Lack of Jurisdiction pursuant to FRCP Rules 12(b)(1) & (6) Brief in Reply and Cover to Brief in Reply, filed by George Pataki, Eliot Spitzer. (Attachments: # 1 )(Nese, Dorothy) |
Filing 72 REPLY to Response to Motion re # 68 MOTION for Judgment on the Pleadings filed by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Attachments: # 1 Certificate of Electronic Service)(Ben-Sorek, Liora) |
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Filing 71 MOTION to Dismiss Plaintiff's Letter requesting Court's approval of revised briefing schedule for Defendants' motions (2) to dismiss; due to power outage at Plaintiff's office, the letter is being filed at Plaintiff's request, by George Pataki, Eliot Spitzer. (Nese, Dorothy) |
Filing 70 RESPONSE in Opposition re # 68 MOTION for Judgment on the Pleadings filed by James M. Maloney. (Maloney, James) |
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Filing 69 Letter setting forth revised briefing schedule (see events # 62, 66), with no change in final submission date, submitted on consent of all parties following request for revision by Dorothy O. Nese, Esq. by James M. Maloney. (Maloney, James) |
Filing 68 MOTION for Judgment on the Pleadings by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Attachments: # 1 Notice of Motion# 2 Exhibit A (copy of plaintiff's Amended Complaint)# 3 Certificate of Electronic Service)(Ben-Sorek, Liora) |
Filing 67 RESPONSE in Opposition re # 59 First MOTION to Dismiss for Lack of Jurisdiction pursuant to FRCP Rules 12(b)(1) & (6) : memo of law in opposition to motion by Defendants SPITZER and PATAKI, filed by James M. Maloney. (Maloney, James) |
Filing 66 Letter setting forth revised briefing schedule (see event # 62), with no change in final submission date, submitted on consent of all parties following request for revision by Liora Ben-Sorek, Esq. by James M. Maloney. (Maloney, James) |
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Filing 64 Letter to Magistarte Judge Michael Orenstein requesting adjournment of May 3 status conference by James M. Maloney. (Attachments: # 1 Briefing Schedule)(Maloney, James) |
Filing 62 Letter setting forth briefing schedule in satisfaction of status conference order of 4/11/06 (Document 61), sent following conference among all attorneys, by James M. Maloney. (Maloney, James) |
MOTION TERMINATED: Terminating the # 57 MOTION to Dismiss - SEE # 63 Order of Judge Arthur D. Spatt, dated 4/13/06.(Coleman, Laurie) |
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Filing 60 Letter to Judge Spatt re: Motion to Dismiss Amended Complaint, pursuant to FRCP Rules 12(b)(1) & (6), by George Pataki, Eliot Spitzer. (Nese, Dorothy) |
Filing 59 First MOTION to Dismiss for Lack of Jurisdiction pursuant to FRCP Rules 12(b)(1) & (6) by George Pataki, Eliot Spitzer. Responses due by 5/15/2006 (Attachments: # 1 Brief Cover Page# 2 Table of Contents for Brief# 3 Brief in Support of Motion to Dismiss Amended Complaint)(Nese, Dorothy) |
Filing 61 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 4/11/2006. Status Conference set for 5/3/2006 10:30 AM before Chief Magistrate Michael L. Orenstein. Parties shall submit a briefing schedule re: 12(b) motion by 4/19/06 to District Judge Spatt. If schedule has been submitted to Judge Spatt then the next conference date will be adjourned upon ECF request. (Imrie, Robert) |
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Filing 57 MOTION to Dismiss for Lack of Jurisdiction pursuant to FRCP Rules 12(b)(1) & (6) by George Pataki, Eliot Spitzer. Responses due by 5/11/2006 (Attachments: # 1 # 2 # 3 )(Nese, Dorothy) |
Filing 56 Letter to Magistrate Judge Michael L. Orenstein, requesting jointly on behalf of all parties that the status conference scheduled for April 11, 2006, be held telephonically (Assistant Attorney General Dorothy Oehler Nese to initiate), and enclosing stipulation setting general briefing timetable for Rule 12 and/or Rule 56 motions and permitting amendment of caption to reflect current District Attorney of County of Nassau (original stipulation to be mailed or otherwise delivered to chambers), by James M. Maloney. (Attachments: # 1 )(Maloney, James) |
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Filing 54 Letter MOTION for Extension of Time to File Answer re # 42 Amended Complaint ; letter jointly written with Dorothy Oehler Nese, Esq., Assistant Attorney General, on behalf of the State Defendants; no objection by Plaintiff to request for extension of time provided that, if a Rule 12 motion is served, Plaintiff will have at least 45 days from service thereof to respond; filed by James M. Maloney. (Maloney, James) |
Set/Reset Hearings: Status Conference set for 4/11/2006 02:30 PM before Chief Magistrate Michael L. Orenstein. (Imrie, Robert) |
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Filing 52 Letter MOTION to Adjourn Conference upon consent of all parties by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Ben-Sorek, Liora) |
Filing 51 NOTICE of Appearance by Liora M. Ben-Sorek on behalf of Denis Dillon(in his official capacity as District Attorney of the County of Nassau) (Ben-Sorek, Liora) |
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Filing 49 Letter from James M. Maloney to Hon. Michael L. Orenstein Regarding request for (1) adjournment of conference now scheduled for December 1, 2005, and (2) (on behalf of State defendants) extension of time to answer or move with respect to Amended Verified Complaint.. (Maloney, James) |
Filing 48 Letter from Tatum Fox on behalf of the County dtd. 10/3/05 to Judge Orenstein requesting to appear at the conf by phone. (Montero, Edher) |
Filing 47 Minute Entry for proceedings held before Michael L. Orenstein on 10/3/05 at 10:30 am. Case called. Counsel for all parties present. Status Conference held. Next Status Conference set for 12/1/2005 at 11:00 AM. The following rulings were made: Governor's time to appear is extended to 12/1/05. Also, certiorari is being sought in a somewhat applicable case. By next conf we may know if Supreme Court has granted certiorari. (Montero, Edher) |
Filing 46 ANSWER to Amended Complaint by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Attachments: # 1 )(Fox, Tatum) |
Filing 45 NOTICE of Appearance by Tatum J. Fox on behalf of Denis Dillon(in his official capacity as District Attorney of the County of Nassau) (Fox, Tatum) |
Filing 44 SUMMONS Returned Executed by James M. Maloney. George Pataki served on 9/7/2005, answer due 9/27/2005. (Maloney, James) |
Filing 43 SUMMONS Returned Executed by James M. Maloney. Denis Dillon(in his official capacity as District Attorney of the County of Nassau) served on 9/7/2005, answer due 9/27/2005. (Maloney, James) |
Filing 42 AMENDED COMPLAINT filed pursuant to the Memorandum of Decision and Order of the Honorable Arthur D. Spatt dated August 31, 2005, against all defendants, filed by James M. Maloney.(Maloney, James) |
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Filing 38 Letter from James M. Maloney to Chief Magistrate Judge Orenstein Regarding request to adjourn 6/10/05 conference. (Maloney, James) |
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Filing 36 Letter from James M. Maloney to Judge Spatt Regarding Second Circuit decision in Bach v. Pataki. (Maloney, James) |
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Filing 34 Letter from Assistant Attorney General Dorothy Oehler Nese to Chief Magistrate Judge Michael L. Orenstein Regarding the parties' request that the Court adjourn the April 11, 2005 conference pending decision by Judge Spatt on the summary judgment motion. (Nese, Dorothy) |
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Filing 32 Letter from Assistant Attorney General Dorothy Oehler Nese to Chief Magistrate Michael L. Orenstein Regarding request to adjourn conference scheduled for Wednesday, Feb. 2, 2005; awaiting decision on motion for summary judgment pending before Judge Spatt.. (Nese, Dorothy) |
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Filing 29 Letter from James M. Maloney to Hon. Michael L. Orenstein Regarding adjournment of 12/3 status conference. (Maloney, James) |
Filing 27 Letter from James M. Maloney to Judge Spatt Regarding compliance with Your Honor's Individual Rule IV(A)(ii): enclosed are courtesy copies of all papers in support of and in opposition to my fully briefed Rule 56 motion. By copy of this letter to Magistrate Judge Orenstein, it is respectfully requested that the scheduled status conference of December 3, 2004, be adjourned as provided in the minute entry for June 18, 2004. (Maloney, James) |
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Filing 26 REPLY to Response to Motion re # 23 MOTION for Summary Judgment , Memorandum of Law in Support, served August 9, 2004, served via ECF on October 31, 2004, filed by James M. Maloney. (Maloney, James) |
Filing 25 RESPONSE to Motion re # 23 MOTION for Summary Judgment , Memorandum of Law in Support, served August 9, 2004, , # 24 MOTION for Summary Judgment , Declaration in Support with attached Exhibits 1 through 12, served August 9, 2004, response consisting of a Brief in Opposition served by Dorothy Oehler Nese, Esq., served on October 13, 2004, filed by James M. Maloney. (Maloney, James) |
Filing 24 DECLARATION in Support with attached Exhibits 1 through 12, served August 9, 2004, by James M. Maloney. (Maloney, James) Modified on 12/30/2004 (Coleman, Laurie). |
Filing 23 MEMORANDUM OF LAW in Support, served August 9, 2004, by James M. Maloney. (Maloney, James) Modified on 12/30/2004 (Coleman, Laurie). |
Filing 22 Notice of MOTION for Summary Judgment served August 9, 2004, by James M. Maloney. (Maloney, James) |
Filing 21 COUNTER-STATEMENT pursuant to FRCP Rule 56.1, dated June 8, 2004, signed by Assistant Attorney General Dorothy Oehler Nese, Esq., by James M. Maloney. (Maloney, James) Modified on 12/30/2004 (Coleman, Laurie). |
Filing 20 STIPULATION re # 17 Stipulation,, WHEREAS Defendant has requested an extension of time to respond beyond that specified in the previous stipulation of June 18, 2004, NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-captioned action that Defendant shall serve all papers in opposition electronically as pdf documents attached by e-mail addressed to jmm257@nyu.edu by midnight, Oct. 13 into Oct. 14, with Plaintiff's reply to be served by November 1, 2004, by James M. Maloney. (Maloney, James) |
Filing 19 RULE 56.1 STATEMENT of Undisputed Material Facts dated May 11, 2004, by James M. Maloney. (Maloney, James) Modified on 12/30/2004 (Coleman, Laurie). |
Filing 18 LETTER dated 8/9/04 from James Maloney to Dorothy Oehler Nese, Esq. Re: Enclosed, in support of my motion for summary judgment are: my Declaration with attached Exhibits 1 through 12; a memorandum of law; and a courtesy copy of Professor William Van Alstyne's essay, "The Second Amendment and the Personal Right to Arms", 43 Duke L.J. 1236 (1994). Per the terms of the Stipulation of 6/18/04, your response should be served by 10/8/04. (Coleman, Laurie) |
Filing 17 STIPULATION Plaintiff shall serve all papers in support of his motion for summary judgment on or before 9/10/04; Defendant shall serve all papers in opposition within 60 days of the date of service of Plaintiff's motion papers; Plaintiff shall serve all papers in reply within 15 days of the date of service of Defendant's opposition papers. For purposes of this stipulation, "date of service" where used to start a time period defined herein shall mean five days after the date of mailing of papers sent by regular mail, or the date of receipt of such papers if such papers were served by hand or by overnight courier. by James M. Maloney. (Maloney, James) |
Set Deadlines/Hearings: Status Conference set for 12/3/2004 @ 10:30 a.m. before Chief Magistrate Michael L. Orenstein. (Coleman, Laurie) |
Filing 16 MINUTE ENTRY before Judge Michael L. Orenstein on 6/18/04 from 11:00 a.m. to 11:30 a.m., for Civil Cause for Status Conference. Tape: #04-102 (3826-4300). Next conference 12/3/04 @ 10:30 a.m. Pltff shall serve his motion by 9/10/04, dft to respond by the earlier of 60 days from date of service or 11/10/04, and pltff shall serve reply by writing 15 days thereafter. If all papers have been filed by next conference date, court will adjourn conference upon written request. (Coleman, Laurie) |
Filing 15 LETTER dated 6/10/04 from James Maloney to Judge Spatt Re: Although I am a pro se litigant and Your Honor's rules accordingly do not require a pre-motion conference, I am, as a courtesy to the Court and to the Office of the Attorney General, writing to the Court in advance of making a motion for summary judgment. The required Rule 56.1 statement and counter-statement are enclosed. (Coleman, Laurie) |
Filing 14 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 5/7/2004 @ 2:30 pm. No appearance of the dft. No motion has been made. Accordingly, the conference is adjourned to the above date and time. Status Conference set for 6/18/2004 11:00 AM before Chief Magistrate Michael L. Orenstein. (Tape #04-82(308-3449).) (Barhome, Sydelle) |
Filing 12 MINUTE ENTRY before Judge Orenstein on 2/2/04 from 11:30 p.m. to 12:00 p.m., for Civil Cause for Status Conference. Tape: #04-20 (1451-1802). Next Conference 5/7/04 @ 2:30 p.m.. Parties agreed upon a briefing schedule for a Rule 12(c) motion. (Coleman, Laurie) |
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Filing 13 LETTER MOTION dated 1/26/04 from Ralph Pernick Assistant Attorney General, to Judge Spatt Re: I write on behalf of Dorothy Oehler Nese, Assistant Attorney General, to request that tomorrow's conference be adjourned. (Coleman, Laurie) |
Filing 11 MINUTE ENTRY before USMJ Orenstein on 10/16/03 @ 9:30 a.m., for Civil Cause for Initial Conference. Tape: #03-215 (630-2767). Next Conference 1/27/04 @ 10:00 a.m. before USMJ Orenstein. It appears motion practice is required. There appears to be no need for discovery. Motion and Cross-Motions shall be made and filed prior to next conference date. (Coleman, Laurie) |
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Filing 10 Letter from James M. Maloney to Hon Michael L. Orenstein, dated 9/22/03 re: To request an adjournment of a conference scheduled before the Court for 10/3/03, at 10:00 a.m. (Fagan, Linda) |
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Filing 9 LETTER MOTION from James Maloney to Judge Orenstein Re: On the following two pages is a copy of a letter sent by the undersigned requesting an adjournment sine die of the conference that Your Honor had scheduled for 8/12/03 @ 2:00 p.m. Upon my telephoning chambers today jointly with Ms. Nese, it was recommended by chambers personnel that an additional copy of my letter be sent and that the request for an adjournment be noted again. Both parties still wish to adjourn the conference, as well as any discovery, pending the Attorney General's 12(c) motion. A proposed briefing schedule is included in the 7/15/03 letter. (Coleman, Laurie) |
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Filing 7 ANSWER to Complaint by Eliot Spitzer.(Coleman, Laurie) |
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Filing 6 Letter from Dorothy Oehler Nese to Judge Spatt, dated 4/22/03 re: To request that the Court extend the time within which the Deft may appear, answer or move, until 7/21/03, in contmplation of a motion to dismiss the complaint; To propose the agreed-upon briefing schedule set forth herein. (Fagan, Linda) |
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Filing 4 LETTER dated 4/2/03 from David A. Scheffel Law Clerk to USDJ Spatt to Nadine Rivellese Re: Your letter dated 3/27/03, and its enclosed stipulation withdrawing the action against the dft Denis Dillon is being returned to you undocketed because there is no indication that your co-dft Eliot Spitzer has been provided a copy of the letter and stipulation. (Coleman, Laurie) |
Filing 3 Letter from David A. Scheffel, Law Clerk to the Honorable Arthur D. Spatt, to Deputy Bureau Chief Nadine Rivellese, Nassau County Attorney, dated 3/18/03 re: To advise that the court hereby returns counsel's letter dated 3/37/03 and its enclosure, the stipulation and order of dismissal for Nassau County District Attorney Denis Dillon, for the reason set forth herein. (Fagan, Linda) |
Filing 2 SUMMONS Returned Executed by James M. Maloney. Denis Dillon served on 2/21/2003, Answer due 3/13/2003; Eliot Spitzer served on 2/21/2003, Answer due 3/13/2003. (Coleman, Laurie) |
Filing 1 COMPLAINT against Denis Dillon, Eliot Spitzer ( Filing fee receipt number 273288.) Summons Issued, filed by James M. Maloney. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) |
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