Maloney v. Singas

Plaintiff: James M. Maloney
Defendant: Denis Dillon, George Pataki, Kathleen M. Rice, Eliot Spitzer and Madeline Singas
Case Number: 2:2003cv00786
Filed: February 18, 2003
Court: New York Eastern District Court
Office: Central Islip Office
0 Judge: Pamela K Chen
1 Judge: Anne Y Shields
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:2201
Jury Demanded By: None

Docket Report

This docket was last retrieved on November 12, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
November 12, 2018 213 Letter responding to Memo and Order of October 1, 2018 (DE 210) by Madeline Singas (Ben-Sorek, Liora)
November 12, 2018 212 Letter responsive to Memorandum & Order of October 1, 2018 (DE 210) by James M. Maloney (Maloney, James)
October 22, 2018 Featured Case ORDER: The Court grants #211 the parties' Joint Motion for Extension of Time to File. The parties may submit supplemental letters, no longer than five pages, by November 12, 2018. Ordered by Judge Pamela K. Chen on 10/22/2018. (Knapp, Cody)
October 22, 2018 211 Joint MOTION for Extension of Time to File response to October 1, 2018 Order (DE 210) by Madeline Singas. (Ben-Sorek, Liora)
October 1, 2018 210 Featured Case ORDER: For the reasons stated in the attached, the Court sua sponte amends its July 23, 2017 order to make clear that Defendant Nassau County's burden is not an either-or test, but rather, Defendant must prove, at a minimum, that nunchakus are "not typically possessed by law-abiding citizens for lawful purposes", and not simply that they are not in common use. In light of its Amended Order, the parties may submit supplemental letters, no longer than five pages, by October 22, 2018, addressing whether Defendant has met its burden that nunchakus are "not typically possessed by law-abiding citizens for lawful purposes". The Court shall hold oral argument on December 5, 2018 at 11:00 a.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 10/1/2018. (Hess, Alexandra)
September 28, 2018 209 Letter listing dates of parties availabilty for Oral Argument in November and December 2018 by Madeline Singas (Ben-Sorek, Liora)
September 27, 2018 Featured Case ORDER: The Court is in receipt of the parties' letter dated September 27, 2018. The parties should submit another letter by close of business on September 28, 2018 listing all of their mutually available dates/times for November and December 2018.Ordered by Judge Pamela K. Chen on 9/27/2018. (Hess, Alexandra)
September 27, 2018 208 Letter requesting Oral Argument be held on November 21, 2018 by Madeline Singas (Ben-Sorek, Liora)
September 26, 2018 Featured Case ORDER granting #207 Motion to Continue: The oral argument scheduled for October 10, 2018 is adjourned. The parties shall confer and submit a list of their mutually available dates/times for November and December 2018 by close of business on September 27, 2018. The Court will set a new date thereafter. Ordered by Judge Pamela K. Chen on 9/26/2018. (Hess, Alexandra)
September 26, 2018 207 Letter MOTION to Continue Oral Argument Date by Madeline Singas. (Ben-Sorek, Liora)
September 14, 2018 206 TRIAL BRIEF (Reply) by Madeline Singas (Ben-Sorek, Liora)
September 14, 2018 Featured Case ORDER: Defendant is reminded that, in addition to electronically filing its reply, it must send courtesy copies to the Court of its opening brief #199 and reply. Ordered by Judge Pamela K. Chen on 9/14/2018. (Hess, Alexandra)
September 7, 2018 Featured Case ORDER: Defendant's motion #205 for extension of time is granted. Defendant shall file its reply by September 14, 2018 and the Court will now hold oral argument on October 10, 2018 at 2:00 p.m. in Courtroom 4F North. The parties should inform the Court by letter if they are unavailable on that date. Ordered by Judge Pamela K. Chen on 9/7/2018. (Hess, Alexandra)
September 7, 2018 205 Letter MOTION for Extension of Time to File by Madeline Singas. (Ben-Sorek, Liora)
August 25, 2018 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)
August 25, 2018 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)
August 24, 2018 202 TRIAL BRIEF by James M. Maloney (Attachments: #1 Appendix Jimenez Slip Opinion) (Maloney, James)
August 9, 2018 Featured Case ORDER: The Court will now hold oral argument on October 3, 2018 at 2 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 8/9/2018. (Hess, Alexandra)
August 9, 2018 201 Letter confirming revised date for oral argument by James M. Maloney (Maloney, James)
August 9, 2018 Featured Case ORDER granting #200 Motion for Extension of Time: Plaintiff shall file his reply and all supporting exhibits (including from the last trial) by August 24, 2018; Defendant shall file its reply, if any, by September 7, 2018; and the Court will hold oral argument on October 2, 2018 at 2 p.m. in Courtroom 4F North. The parties are reminded that they must submit a courtesy copy to the Court of their briefs and exhibits. Ordered by Judge Pamela K. Chen on 8/9/2018. (Hess, Alexandra)
August 8, 2018 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)
July 24, 2018 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)
July 24, 2018 198 Letter accompanying Defendant's Trial Brief by Madeline Singas (Ben-Sorek, Liora)
July 23, 2018 Featured Case ORDER granting #197 Motion for Extension of Time to File: Defendant shall file her moving papers no later than 7/24/2018. Plaintiff shall file his brief by August 10th. Defendant is required to seek extensions from the court, and not from opposing counsel. The remainder of the briefing schedule previously set at the June 5, 2018 conference remains unchanged. Ordered by Judge Pamela K. Chen on 7/23/2018. (Abdallah, Fida)
July 23, 2018 197 Letter MOTION for Extension of Time to File Opening Brief and Supporting Documents by James M. Maloney. (Maloney, James)
July 23, 2018 Featured Case ORDER: Plaintiff has failed to obey the Court's June 5, 2018 briefing schedule. Plaintiff shall file his opening brief by July 24, 2018. Ordered by Judge Pamela K. Chen on 7/23/2018. (Hess, Alexandra)
June 5, 2018 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)
June 1, 2018 Featured Case SCHEDULING ORDER: Due to a change in the Court's calendar, the telephone status conference shall now be held on June 5, 2018 at 10:30 a.m. Plaintiff's counsel shall arrange and initiate the conference call. After establishing contact with Defendants' counsel, Plaintiff's counsel shall contact the Court at (718) 613-2510. Ordered by Judge Pamela K. Chen on 6/1/2018. (Hess, Alexandra)
May 30, 2018 Featured Case SCHEDULING ORDER: A telephone status conference shall be held on June 5, 2018 at 3:30 p.m. Plaintiff's counsel shall arrange and initiate the conference call. After establishing contact with Defendants' counsel, Plaintiff's counsel shall contact the Court at (718) 613-2510. Ordered by Judge Pamela K. Chen on 5/30/2018. (Hess, Alexandra)
May 29, 2018 196 Letter by Madeline Singas (Ben-Sorek, Liora)
May 24, 2018 Featured Case ORDER: The Court is in receipt of the parties' JPTO. If the parties agree (or have agreed) to stipulate to the admission of the exhibits in the JPTO, the parties should submit a proposed briefing schedule. If there are any issues about admissibility, then the Court will schedule a telephone conference next week to determine if a hearing or trial is necessary. The parties should submit a letter addressing these issues by May 29, 2018. Ordered by Judge Pamela K. Chen on 5/24/2018. (Hess, Alexandra)
May 23, 2018 195 TRIAL BRIEF (PLAINTIFF'S MEMORANDUM IN ADVANCE OF THE RE-OPENED BENCH TRIAL) by James M. Maloney (Maloney, James)
May 23, 2018 194 NOTICE by Madeline Singas of parties' Joint Pre-Trial Order (Ben-Sorek, Liora)
March 8, 2018 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)
February 20, 2018 Featured Case SCHEDULING ORDER: The Court is in receipt of the parties' letters [192, 193] and shall hold a telephone conference on March 8, 2018 at 3:00 p.m. Plaintiff's counsel shall arrange and initiate the conference call. After establishing contact with Defendant's counsel, Plaintiff's counsel shall contact the Court at (718) 613-2510. Ordered by Judge Pamela K. Chen on 2/20/2018. (Hess, Alexandra)
February 20, 2018 193 Letter pursuant to Court's February 7 and 15, 2018 Orders by Madeline Singas (Ben-Sorek, Liora)
February 15, 2018 Featured Case ORDER: Defendant has failed to obey the Court's order of February 7, 2018. Defendant shall file a letter responding to Plaintiff's letter #192 by February 20, 2018. Ordered by Judge Pamela K. Chen on 2/15/2018. (Hess, Alexandra)
February 7, 2018 Featured Case ORDER: Defendant shall file a letter responding to Plaintiff's letter #192 , dated February 6, 2018, by February 13, 2018. Ordered by Judge Pamela K. Chen on 2/7/2018. (Hess, Alexandra)
February 6, 2018 192 Letter by James M. Maloney (Maloney, James)
September 27, 2017 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)
September 7, 2017 191 Letter addressing scope of anticipated additional discovery by Madeline Singas (Ben-Sorek, Liora)
August 25, 2017 Featured Case SCHEDULING ORDER: Due to a change in the Court's calendar, the conference scheduled for 9/18/2017 is rescheduled to September 27, 2017, at 11:00 a.m. Ordered by Judge Pamela K. Chen on 8/25/2017. (Lee, Helen)
August 23, 2017 Featured Case ORDER granting #190 the Motion to Adjourn Conference and the Motion to Appear by Telephone. The conference, which shall be held via telephone, is adjourned to 9/18/2017, at 11:00 a.m. The call is to be arranged among the parties. Once all parties are on the line, they shall call Chambers at (718) 613-2510. Ordered by Judge Pamela K. Chen on 8/23/2017. (Abdallah, Fida)
August 22, 2017 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)
August 21, 2017 Featured Case SCHEDULING ORDER: A conference shall be held on 9/21/2017 at 11:00am in Courtroom 4F North for the purpose of addressing the need for additional discovery. By no later than 9/7/2017, Defendant shall file detailed information about the scope of discovery it anticipates. Ordered by Judge Pamela K. Chen on 8/21/2017. (Lee, Helen)
August 18, 2017 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)
July 23, 2017 188 Featured Case ORDER: For the reasons stated in the attached Memorandum and Order, the Court declines to grant declaratory judgment in Plaintiff's favor based on the current record and without allowing Defendant an opportunity to supplement the record. The Court, therefore, directs the parties to supplement the record with additional briefing and evidence to address the issues and deficiencies identified in this Memorandum & Order. By August 18, 2017, Defendant shall indicate, in writing, whether it intends to offer additional evidence to rebut the presumption in favor of Second Amendment protection. If Defendant indicates an intention to offer additional evidence, the Court will set a conference to discuss scheduling with respect to the discovery and presentation of any additional evidence. If the Defendant indicates that it does not so intend, it shall file, by September 22, 2017, a supplemental brief discussing the issues raised in this Memorandum & Order, including, but not limited to: (1) the application of New York State Rifle & Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (2d Cir. 2015), to the instant Second Amendment challenge; (2) evidence that rebuts the presumption in favor of Second Amendment protection, i.e. evidence that nunchakus are either not "in common use" or not "typically possessed by law-abiding citizens for lawful purposes"; (3) the level of scrutiny applicable to this case; and (4) whether the nunchakus ban, N.Y. Penal Law 265.01, survives constitutional muster, including all evidence supporting Defendant's position on this issue. By October 22, 2017, Plaintiff shall submit a brief in response. Ordered by Judge Pamela K. Chen on 7/23/2017. (Lee, Helen) (Abdallah, Fida).
March 14, 2017 187 Letter by James M. Maloney (Donoyan, Gary)
March 13, 2017 186 Letter by Madeline Singas (Attachments: #1 Exhibit Letter from Plaintiff Pro Se) (Ben-Sorek, Liora)
March 2, 2017 185 Proposed Findings of Fact by Madeline Singas (Ben-Sorek, Liora)
March 2, 2017 184 Proposed Findings of Fact by James M. Maloney (Maloney, James)
February 23, 2017 Featured Case ORDER granting #183 Motion for Extension of Time to File: The Court grants, on consent, Defendant's request for an additional week to submit its post-trial brief. The deadline for both parties' submissions is extended to March 2, 2017. Ordered by Judge Pamela K. Chen on 2/23/2017. (Lee, Helen)
February 23, 2017 183 Letter MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law by Madeline Singas. (Ben-Sorek, Liora)
February 21, 2017 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)
February 21, 2017 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)
February 21, 2017 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)
January 20, 2017 Featured Case ORDER granting in part and denying in part #174 Motion in Limine: The Court precludes Formichelli's testimony with regards to Plaintiff's consent to the destruction of his nunchucks and the proposition that "possession of certain weapons is presumptive proof of an intent to utilize them for illegal purposes, and the fact that Plaintiff never challenged or attempted to rebut that presumption." However, the Court will take judicial notice of these facts as they are based on prior State Court criminal proceedings related to this case. Ordered by Judge Pamela K. Chen on 1/20/2017. (Lee, Helen)
January 12, 2017 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)
January 10, 2017 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)
January 9, 2017 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)
January 6, 2017 179 Featured Case Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action. Ordered by Judge Pamela K. Chen on 1/6/2017. (Abdallah, Fida)
January 5, 2017 178 Subpoena by James M. Maloney. (Attachments: #1 Proposed Order (Subpoena)) (Maloney, James)
January 5, 2017 177 NOTICE of Appearance by Donald J. Berk on behalf of Madeline Singas (aty to be noticed) (Berk, Donald)
January 4, 2017 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)
January 3, 2017 176 Letter with attachments re: production of nunchaku for trial by James M. Maloney (Maloney, James)
December 23, 2016 175 RESPONSE in Opposition re #174 MOTION in Limine , MEMORANDUM in Opposition re #174 MOTION in Limine filed by Madeline Singas. (Ben-Sorek, Liora)
December 16, 2016 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)
December 6, 2016 Featured Case CONFIDENTIALITY STIPULATION AND ORDER, see Dkt. #172 . SO ORDERED. Ordered by Judge Pamela K. Chen on 12/6/2016. (Lee, Helen)
December 5, 2016 Featured Case SCHEDULING ORDER: A final pre-trial conference will be held on January 4, 2017 at 1:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 12/5/2016. (Lee, Helen) Modified on 12/6/2016 to correct next scheduled date. (Abdallah, Fida)
December 2, 2016 173 Proposed Pretrial Order (amended) by James M. Maloney (Maloney, James)
December 2, 2016 172 STIPULATION proposed to be so-ordered regarding confidential information by James M. Maloney (Attachments: #1 Exhibit Agreement Regarding Confidential Information) (Maloney, James)
November 21, 2016 Featured Case ORDER granting #171 Motion for Extension of Time to File nunc pro tunc: On consent, the deadline for filing an amended pre-trial order is extended to December 2, 2016. Other deadlines set by the Court at the September 29, 2016 conference remain the same. Ordered by Judge Pamela K. Chen on 11/21/2016. (Lee, Helen)
November 18, 2016 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)
September 29, 2016 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)
September 29, 2016 170 NOTICE of Appearance by Ralph J. Reissman on behalf of Madeline Singas (aty to be noticed) (Reissman, Ralph)
September 21, 2016 Featured Case ORDER granting #168 Motion to Adjourn Conference: The Court GRANTS Plaintiff's request for an adjournment on consent and reschedules the PTC for next Thursday, September 29 at 3:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 9/21/2016. (Chan, Grace)
September 21, 2016 169 Letter in response to text order of this date by James M. Maloney (Maloney, James)
September 21, 2016 Featured Case ORDER: Plaintiff is directed to file a letter complying with the Court's 9/20/2016 by close of business today. Ordered by Judge Pamela K. Chen on 9/21/2016. (Chan, Grace)
September 20, 2016 Featured Case ORDER re #168 Motion to Adjourn Conference: Plaintiff is directed to inform the Court whether defendant's counsel consents to the adjournment and to propose several mutually-agreeable dates and times next week. Ordered by Judge Pamela K. Chen on 9/20/2016. (Chan, Grace)
September 20, 2016 168 Letter MOTION to Adjourn Conference by James M. Maloney. (Maloney, James)
September 6, 2016 Featured Case SCHEDULING ORDER: A pre-trial conference is set for September 22, 2016 at 2:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 9/6/2016. (Chan, Grace)
September 2, 2016 167 Proposed Pretrial Order by James M. Maloney (Maloney, James)
June 15, 2016 Featured Case ORDER granting #166 Motion for Extension of Time to Complete Discovery: The Court grants Plaintiff's request to reopen discovery for the limited purpose of obtaining business records from Asian World of Martial Arts, Inc. In light of this, the Court extends the deadline for the parties to file the JPTO from 6/20/16 to 9/2/16. Ordered by Judge Pamela K. Chen on 6/15/2016. (Chan, Grace)
June 14, 2016 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)
April 29, 2016 Featured Case ORDER: The Court denies #165 Plaintiff's motion for an extension of time to file the JPTO. Given that the current filing deadline for the JPTO is still seven (7) weeks away, the Court finds that Plaintiff has not demonstrated a need for an extension at this time. The Court sees no reason why the described settlement negotiations cannot conclude before the 6/20/16 deadline. Accordingly, both parties are directed to file the JPTO by 6/20/16. Ordered by Judge Pamela K. Chen on 4/29/2016. (Chan, Grace)
April 26, 2016 165 MOTION for Extension of Time to File Joint Pretrial Order by James M. Maloney. (Maloney, James)
April 15, 2016 164 Featured Case ORDER: For the reasons stated in the attached, the Court construes #163 Plaintiff's Request for a Pre-Motion Conference as a motion for reconsideration of #146 the Court's May 22, 2015 summary judgment order and DENIES the motion. This case is proceeding to trial, and the parties shall file their joint pretrial order by June 20, 2016, as previously directed by the Court. Ordered by Judge Pamela K. Chen on 4/15/2016. (Chan, Grace)
April 8, 2016 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)
April 4, 2016 162 Letter in the wake of Caetano v. Massachusetts by James M. Maloney (Attachments: #1 Appendix) (Maloney, James)
January 19, 2016 Featured Case SCHEDULING ORDER: The Court grants #161 the parties' joint request for an extension to file the Joint Pre-Trial Order by June 20, 2016. No further extensions shall be granted. If no Joint Pre-Trial Order or, at the very least, Plaintiff's portion of the Joint Pre-Trial Order, is filed by the deadline, the Court will consider dismissing the case for want of prosecution. Ordered by Judge Pamela K. Chen on 1/19/2016. (Chan, Grace)
January 15, 2016 161 STATUS REPORT (JOINT STATUS REPORT, filed as ordered in text order dated January 7, 2016), by James M. Maloney (Maloney, James)
January 7, 2016 Featured Case SCHEDULING ORDER: Given the parties' failure to file their joint pre-trial order by January 6, 2016, as directed on July 6, 2015, the Court sets a deadline of January 15, 2016 for the parties to file either the joint pre-trial order or a status report. Ordered by Judge Pamela K. Chen on 1/7/2016. (Abdallah, Fida)
September 29, 2015 160 NOTICE of Appearance by Gary L. Donoyan on behalf of James M. Maloney (aty to be noticed) (Donoyan, Gary)
September 22, 2015 Featured Case ORDER denying #158 Motion for Leave to File: The Court denies Plaintiffs ex parte motion to file certain documents and objects with the Court in advance of his deposition and trial in this action. Local Civil Rule 39.1(a) states, Unless the Court orders otherwise, trial and hearing exhibits shall not be filed with the Clerk, but shall be retained in the custody of the respective attorneys who produced them in court. Mr. Maloney seeks to deposit the items in question with the Court in advance of his deposition to assure their availability for trial. However, no trial date has been set, and the items in question have not been offered as exhibits at any Court hearing. Therefore, they do not qualify as trial or hearing exhibits. In any case, Local 39.1(a) requires the attorneys to keep custody of trial and hearing exhibits. Mr. Maloney has not provided a compelling reason for the Court to take custody of the items in question. Upon Plaintiff's consent, and because the Court finds that Plaintiff has an obligation to advise Defendant that he may be withholding documents based on his invocation of a Fifth Amendment privilege, Plaintiff's 9/13/15 letter is hereby unsealed. Ordered by Judge Pamela K. Chen on 9/22/2015. (Chiang, May)
September 21, 2015 Featured Case Minute Entry for proceedings held before Judge Pamela K. Chen: Telephone Conference held on 9/21/2015. Appearance by telephone by James Maloney for Plaintiff and Liora Ben-Sorek for Defendant. The Court ruled that Plaintiff's witnesses, Chris Pellitteri and Kevin Orcutt, must be offered as expert witnesses pursuant to FRCP 26(a). Plaintiff must therefore comply with the procedures associated with expert witness disclosures and reports, and Defendant may challenge these witnesses' qualifications to testify as experts. The Court also noted that it may merge any Daubert hearing into the bench trial to streamline the proceedings. Ordered by Judge Pamela K. Chen. (Court Reporter Sherry Bryant.) (Chiang, May)
September 16, 2015 Featured Case SCHEDULING ORDER re #159 Status Report: A Telephone Conference will be held on 9/21/2015, at 11:30 a.m. The call is to be arranged among the parties. Once all parties are on the line, please call Chambers at (718) 613-2510. Ordered by Judge Pamela K. Chen on 9/16/2015. (Abdallah, Fida)
September 16, 2015 159 STATUS REPORT by Madeline Singas (Ben-Sorek, Liora)
September 13, 2015 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)
August 31, 2015 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)
August 31, 2015 Featured Case ORDER re #155 Motion for Reconsideration: While the Court does not believe there is any merit to Plaintiff's objection to NEF distribution going to email addresses for attorneys no longer employed by the Nassau County District Attorney's Office or no longer assigned counsel in the case, the Local Rules require a party to file a notice of withdrawal for an attorney who is no longer working on a matter. Accordingly, the Court directs the County to formally file a notice of withdrawal for attorneys no longer working on this case (i.e. Tatum Fox and David Tauster), by 9/9/2015. Ordered by Judge Pamela K. Chen on 8/31/2015. (Chiang, May)
August 24, 2015 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)
August 24, 2015 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)
August 24, 2015 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)
August 24, 2015 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)
August 11, 2015 Featured Case ORDER finding as moot #150 Motion to Withdraw as Attorney: In light of the County's representation #151 that it has made a request to have Ms. Tatum Fox and Mr. David Tauster removed from the ECF notification list, the Court denies Plaintiff's motion #150 as moot. Ordered by Judge Pamela K. Chen on 8/11/2015. (Chiang, May)
August 7, 2015 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)
August 7, 2015 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)
August 4, 2015 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)
August 3, 2015 Featured Case ORDER denying #148 Plaintiff's motion for pre-motion conference and finding as moot #149 Defendant's motion for extension of time: The Court DENIES Plaintiff's motion for a pre-motion conference #148 regarding his proposed motion for a permanent injunction as procedurally improper; indeed, the time to have made this argument would have been on summary judgment, which Plaintiff did not seek. In any event, Plaintiff cannot prevail on a motion for a permanent injunction because he has not established the irreparable injury necessary for the issuance of a permanent injunction. See Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 156-57 (2010) (citing eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 391 (2006) (plaintiff seeking permanent injunction must establish four factors: "(1) that [he] has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.) Indeed, whether Plaintiff will suffer irreparable injury, i.e., the deprivation of his Second Amendment right to bear arms, from the County's enforcement of the nunchaku ban is the issue to be decided at trial. In reality what Plaintiff is seeking is a grant of immunity for any testimony he might give implicating himself in the illegal possession of nunchaku. That grant, however, must come from the County's prosecutors, not the Court. Andover Data Servs., a Div. of Players Computer, Inc. v. Statistical Tabulating Corp., 876 F.2d 1080, 1084 (2d Cir. 1989) ("a trial court generally has no authority to grant immunity to a witness[;]... the power to grant such immunity lies solely within the discretion of the Executive branch."); In re Corrugated Container Antitrust Litigation, 644 F.2d 70, 78 n.13 (2d Cir. 1981) ("courts cannot confer immunity upon a witness on their own initiative"). The Court notes that even if Plaintiff chooses to testify about his experiences with nunchaku, he could selectively invoke his Fifth Amendment privilege as to questions that might expose him to arrest or criminal prosecution, e.g., where the statute of limitations has not yet run, and the Court, as the fact finder, would be permitted, for what it is worth, to infer that Plaintiff possessed nunchaku in violation of the State law ban. See Bank of America, N.A. v. Fischer, 927 F. Supp. 2d 15, 27 (E.D.N.Y. 2013) ("a party in a civil proceeding has the right to assert the privilege against self-incrimination" but "[a] court may drawn an adverse inference against a party who asserts his Fifth Amendment privilege in a civil matter, because the invocation of the privilege results in a disadvantage to opposing parties by keeping them from obtaining information they could otherwise get.") (case citations omitted). Having denied the Plaintiff's motion, the Court denies, as moot, the Defendant's request for an extension of time to respond to Plaintiff's motion. Ordered by Judge Pamela K. Chen on 8/3/2015. (Chiang, May)
August 2, 2015 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)
July 31, 2015 148 Letter responsive to July 23 conference by James M. Maloney (Attachments: #1 Appendix Slip Opinion (Nuccio v. Duve)) (Maloney, James)
July 6, 2015 Featured Case ORDER granting #147 Motion for Extension of Time to File: The parties' joint request for an extension of time to file the proposed joint pre-trial order is hereby granted. The proposed joint pre-trial order is due on or before 1/6/2016. Discovery is re-opened for the limited purpose of conducting expert discovery; expert discovery shall close on 9/18/2015. The parties shall appear before the Court on 7/23/15 at 11:00 am in Courtroom 4F North to discuss their dispute over Defendant's deposition of the Plaintiff. Ordered by Judge Pamela K. Chen on 7/6/2015. (Chiang, May)
July 2, 2015 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)
May 22, 2015 146 Featured Case MEMORANDUM & ORDER: The Court DENIES summary judgment to both parties (Plaintiff's Motion #131 , Defendant's Motion #137 ) on Count One of the Second Amended Complaint challenging New York Penal Law Section 265.01. This claim shall proceed to trial. The parties shall file a proposed joint pre-trial order on or before 7/6/15, 45 days from the date of this Order.The Court GRANTS summary judgment to the District Attorney on Count Three of the Second Amended Complaint. The Court also dismisses Count Two of the Second Amended Complaint for the reasons stated on the record during the October 24, 2013 pre-motion conference and the portion of Count One challenging New York Penal Law Section 265.02 for lack of standing. Ordered by Judge Pamela K. Chen on 5/22/2015. (Chiang, May)
March 27, 2015 Case Reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Arlene R. Lindsay no longer assigned to the case. (Mahoney, Brenna)
April 22, 2014 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)
April 7, 2014 144 Letter attaching transcript of October 24, 2013, conference, by James M. Maloney (Attachments: # 1 Appendix) (Maloney, James)
March 25, 2014 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)
March 21, 2014 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)
March 21, 2014 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)
March 20, 2014 141 Fully Briefed MOTION for Summary Judgment Reply Memorandum of Law by Kathleen M. Rice. (Attachments: # 1 Affidavit of Service) (Tauster, David)
March 20, 2014 140 MOTION for Summary Judgment Memorandum of Law by Kathleen M. Rice. (Attachments: # 1 Affidavit of Service) (Tauster, David)
March 20, 2014 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)
March 20, 2014 138 MOTION for Summary Judgment Rule 56.1 Counter Statement by Kathleen M. Rice. (Tauster, David)
March 20, 2014 137 Fully Briefed MOTION for Summary Judgment Notice of Cross Motion by Kathleen M. Rice. (Tauster, David)
March 20, 2014 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)
March 20, 2014 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)
March 20, 2014 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)
March 20, 2014 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)
March 20, 2014 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)
March 20, 2014 131 Fully Briefed MOTION for Summary Judgment and papers in opposition to Defendant's cross-motion by James M. Maloney. (Maloney, James)
October 24, 2013 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).
October 17, 2013 Featured Case ORDER re # 129 : The defendant's request for damages discovery is denied, at this time. The parties are scheduled to appear for at status conference before Judge Chen on October 24, 2013, at which time motion practice will be discussed. Ordered by Magistrate Judge Arlene R. Lindsay on 10/17/2013. c/ecf (Miller, Dina)
October 15, 2013 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)
October 15, 2013 129 Letter regarding status of discovery, pursuant to Court's October 2, 2013 Order (DE 127) by Kathleen M. Rice (Ben-Sorek, Liora)
October 3, 2013 128 Letter responsive to Document 127 (Order) by James M. Maloney (Maloney, James)
October 2, 2013 127 Featured Case ORDER: See attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/2/2013. c/ecf (Imrie, Robert)
October 2, 2013 Featured Case SCHEDULING ORDER : A status conference is scheduled for 10/24/13 at 12:00 PM in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 10/2/2013. (Lo, Justin)
October 1, 2013 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)
September 17, 2013 Featured Case 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. Ordered by Judge Pamela K. Chen on 9/17/2013. (Abdallah, Fida)
April 23, 2013 Judge Pamela K. Chen added. Judge Arthur D. Spatt no longer assigned to case. (Gapinski, Michele)
August 19, 2011 125 Featured Case ORDER denying # 123 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/19/2011. c/ecf (Miller, Dina)
August 17, 2011 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)
August 12, 2011 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)
June 28, 2011 Document # 120 Motion to Compel deemed withdrawn. (Imrie, Robert)
June 28, 2011 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)
June 22, 2011 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)
June 17, 2011 120 Letter MOTION to Compel Deposition of Defendant RICE personally by James M. Maloney. (Maloney, James)
November 4, 2010 118 ANSWER to # 116 Amended Complaint by Kathleen M. Rice. (Ben-Sorek, Liora)
November 4, 2010 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)
October 22, 2010 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)
October 15, 2010 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)
October 12, 2010 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)
October 7, 2010 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)
September 24, 2010 113 Featured Case ORDER TO SHOW CAUSE (O.S.C.) Re: # 104 Unsigned O.S.C. - It is hereby Ordered, that Defendant Kathleen Rice (the other above-named Defendants having been dismissed) show cause before this Court at the United States District Court for the Eastern District of New York on Friday, 10/15/10 at 9:00 p.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 15 of the Federal Rules of Civil Procedure ("F.R.C.P.") permitting Plaintiff to amend the Amended Verified Complaint pursuant to F.R.C.P. 15(a)(2) and to supplement it pursuant to F.R.C.P. 15(d). Ordered that Defendant shall file her papers in opposition by 10/6/10; and that Plaintiff shall file his papers in reply by 10/12/10. Signed by Senior Judge Arthur D. Spatt on 9/24/10. C/F. (Coleman, Laurie)
September 20, 2010 112 Unsigned Order to Show Cause (supersedes Document 104) by James M. Maloney (Maloney, James)
September 20, 2010 111 Letter to Senior District Judge Arthur D. Spatt by James M. Maloney (Maloney, James)
September 20, 2010 110 Letter to Magistrate Judge Michael L. Orenstein by James M. Maloney (Maloney, James)
September 17, 2010 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)
September 17, 2010 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)
September 17, 2010 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)
September 17, 2010 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)
September 15, 2010 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)
September 15, 2010 104 Unsigned Order to Show Cause in connection with # 101 Rule 15 motion by James M. Maloney (Maloney, James)
September 15, 2010 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)
September 15, 2010 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)
September 15, 2010 101 MOTION to Amend/Correct/Supplement Complaint per Rule 15 (cover letter with motion papers listed therein) by James M. Maloney. (Maloney, James)
August 31, 2010 100 Featured Case ORDER Re: # 99 Motion for leave to file a second amended complaint superseding the earlier pleadings - Request denied, without prejudice to re-file a formal motion to amend with an attached proposed amended complaint. The parties are further directed to submit letter to Magistrate Orenstein outlining what, if any, discovery remains to be completed in this case. Such letters should be submitted on or before Monday, 9/20/10. Signed by Senior Judge Arthur D. Spatt on 8/31/10. (Coleman, Laurie)
August 14, 2010 Case Reopened. (Mahon, Cinthia)
August 14, 2010 99 Letter MOTION for Leave to File Second Amended Complaint by James M. Maloney. (Attachments: # 1 Appendix) (Maloney, James)
October 6, 2009 119 Mail receipt. Documents mailed to James Maloney by certified mail receipt number 70001670000754362071 received on 10/6/2009. (Padilla, Kristin)
September 30, 2009 98 Featured Case ORDER - It is hereby ORDERED, that Jonathan Lee Riches # 97 motion to intervene, and # 97 motion for reconsideration en banc are denied in their entirety; and it is further ORDERED, that the Clerk of the Court is directed to serve a copy of this order on Riches at the above address.(Ordered by Senior Judge Arthur D. Spatt on 9/30/09). (Coleman, Laurie) Modified on 10/30/2009 (Coleman, Laurie).
July 6, 2009 97 Letter MOTION for Reconsideration, MOTION to Intervene . Filed by Jonathan Lee Riches. . (Attachments: # 1 Certificate of Service) (Coleman, Laurie)
March 26, 2009 Appeal Record Returned from USCA: this form emailed to Fred Nunnery c/o Court of Appeals. USCA# 07-0581-cv. (Duong, Susan)
February 26, 2009 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)
November 26, 2008 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)
June 12, 2007 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)
June 11, 2007 93 DESIGNATION of Record on Appeal by James M. Maloney re # 91 Notice of Appeal (Carine, Sandra)
May 14, 2007 92 Featured Case ORDER - ORDERED, that the plaintiff's # 86 motion for reconsideration of the Court's 1/17/07 Memorandum of Decision and Order is denied. (Signed by JudgeArthur D. Spatt on 5/14/07). (Coleman, Laurie)
March 21, 2007 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)
February 16, 2007 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)
February 16, 2007 91 NOTICE OF APPEAL by James M. Maloney. Filing fee $ 455, receipt number 2239474. (Maloney, James)
January 25, 2007 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)
January 25, 2007 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)
January 22, 2007 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)
January 18, 2007 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)
January 17, 2007 88 Featured Case JUDGMENT - ORDERED AND ADJUDGED that plaintiff take nothing of defendants; and that the amended complaint is hereby dismissed. (Signed by Judge Arthur D. Spatt on 1/17/07). (Coleman, Laurie)
January 17, 2007 85 Featured Case MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the State Defendants' # 59 motion to dismiss the amended complaint is granted; and it is further ORDERED, that the District Attorney's # 68 motion for judgment on the pleadings is granted; and it is further ORDERED, that the amended complaint is dismissed; and it is further ORDERED, that the Clerk of the Court is directed to close this case. (Signed by Judge Arthur D. Spatt on 1/17/07). (Coleman, Laurie)
December 14, 2006 84 Featured Case ORDER granting # 83 Motion to Adjourn Conference: Conference adjourned to 3/19/07 at 11:30 a.m. Ordered by JudgeMichael L. Orenstein on 12/14/06. (Imrie, Robert)
December 13, 2006 83 Letter MOTION to Adjourn Conference sceduled for December 18, 2006, by James M. Maloney. (Maloney, James)
November 29, 2006 82 Featured Case ORDER re # 81 Order on Motion to Adjourn Conference: Order of 11/29/06 vacated. Conference adjourned or changed to 12/18/06 at 10:30 a.m. Ordered by Judge Michael L. Orenstein on 11/29/06. (Imrie, Robert)
November 29, 2006 81 Featured Case ORDER granting # 80 Motion to Adjourn Conference: Conference adjourned to 12/21/06 at 9:30 a.m. Ordered by JudgeMichael L. Orenstein on 11/29/06. (Imrie, Robert)
November 28, 2006 80 Letter MOTION to Adjourn Conference before Chief Magistrate Judge Michael Orenstein, by all parties. (Nese, Dorothy)
October 19, 2006 79 Featured Case ORDER granting # 78 Motion to Adjourn Conference: Conference adjourned to 11/30/06 at 2:00 p.m. Ordered by JudgeMichael L. Orenstein on 10/19/06. (Imrie, Robert)
October 18, 2006 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)
August 9, 2006 76 Featured Case ORDER re # 75 Letter filed by James M. Maloney: Conference adjourned to 10/20/06 at 2:00 p.m. Ordered by Judge Michael L. Orenstein on 8/9/06. (Imrie, Robert)
August 8, 2006 75 Letter requesting adjournment of conference before Chief Magistrate Judge Michael Orenstein currently scheduled for August 10, 2006, by James M. Maloney. (Maloney, James)
August 7, 2006 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)
August 4, 2006 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)
July 28, 2006 77 Featured Case ORDER Re: # 71 Letter request to revise the briefing schedule. Reply on 12(b) motion by Defendants Pataki and Spitzer, 8/7/06; Reply on Rule 12(c) Motion be Defendant Dillon/Rice. So Ordered (Signed by Judge Arthur D. Spatt on 7/28/06). (Coleman, Laurie)
July 28, 2006 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)
July 14, 2006 70 RESPONSE in Opposition re # 68 MOTION for Judgment on the Pleadings filed by James M. Maloney. (Maloney, James)
July 12, 2006 73 Featured Case ORDER Re: # 69 Letter in response to a request by Defendants Pataki and Spitzer to revise certain dates in briefing schedule on the motions by the defendants. Plaintiff's response to 12(c) Motion, 7/14/06. Reply on 12(b) Motion by Defendants Pataki and Spitzer, 7/28/06. Reply on Rule 12(c) Motion by Defendant Dillon/Rice, 8/7/06. (Signed by Judge Arthur D. Spatt on 7/12/06). (Coleman, Laurie)
July 11, 2006 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)
June 14, 2006 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)
June 14, 2006 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)
May 31, 2006 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)
May 2, 2006 65 Featured Case ORDER re # 64 Letter filed by James M. Maloney: conference adjourned to 8/10/06 at 2:30 p.m. If the motion has been filed this Court will adjourn the conference upon written (ECF) request. Ordered by Judge Michael L. Orenstein on 5/2/06. (Imrie, Robert)
May 1, 2006 64 Letter to Magistarte Judge Michael Orenstein requesting adjournment of May 3 status conference by James M. Maloney. (Attachments: # 1 Briefing Schedule)(Maloney, James)
April 21, 2006 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)
April 13, 2006 MOTION TERMINATED: Terminating the # 57 MOTION to Dismiss - SEE # 63 Order of Judge Arthur D. Spatt, dated 4/13/06.(Coleman, Laurie)
April 13, 2006 63 Featured Case ORDER Re: # 60 Letter withdrawing the State Defendants Motion to Dismiss the Amended Complaint (bearing docket #57), and substituting in its place a new Motion to Dismiss (bearing docket #59), - The Clerk of the Court is directed to terminate the motion appearing as #57 on the docket. (Signed by Judge Arthur D. Spatt on 4/13/06). (Coleman, Laurie)
April 12, 2006 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)
April 12, 2006 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)
April 11, 2006 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)
April 10, 2006 58 Featured Case ORDER re # 56 Letter, filed by James M. Maloney: Conference remains as an in person conference. Ordered by Judge Michael L. Orenstein on 4/10/06. (Imrie, Robert)
April 10, 2006 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)
April 3, 2006 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)
March 7, 2006 55 Featured Case ORDER granting # 54 Motion for Extension of Time to Answer: Conference remains scheduled for 4/11/06 at 2:30 p.m. States' time to answer or otherwise move with respect to the amended complaint is extended to 4/11/06. Ordered by JudgeMichael L. Orenstein on 3/7/06. (Imrie, Robert)
March 6, 2006 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)
February 7, 2006 Set/Reset Hearings: Status Conference set for 4/11/2006 02:30 PM before Chief Magistrate Michael L. Orenstein. (Imrie, Robert)
February 7, 2006 53 Featured Case ORDER granting # 52 Motion to Adjourn Conference: Conference adjourned to 4/11/06 at 2:30 p.m. Ordered by JudgeMichael L. Orenstein on 2/7/06. (Imrie, Robert)
February 6, 2006 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)
January 24, 2006 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)
November 30, 2005 50 Featured Case ORDER re # 49 Letter: Conference adjourned to 2/10/06 at 2:00 p.m. Ordered by Judge Michael L. Orenstein on 11/30/05. (Imrie, Robert)
November 29, 2005 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)
October 3, 2005 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)
October 3, 2005 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)
September 29, 2005 46 ANSWER to Amended Complaint by Denis Dillon(in his official capacity as District Attorney of the County of Nassau). (Attachments: # 1 )(Fox, Tatum)
September 29, 2005 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)
September 7, 2005 44 SUMMONS Returned Executed by James M. Maloney. George Pataki served on 9/7/2005, answer due 9/27/2005. (Maloney, James)
September 7, 2005 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)
September 3, 2005 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)
August 31, 2005 41 Featured Case MEMORANDUM OF DECISION AND ORDER - ORDERED, that the # 22 motion by Plaintiff for summary judgment against the defendant Eliot Spitzer pursuant to Fed. R. Civ. P. 56 is DENIED; and it is further ORDERED, that the Plaintiff is granted leave to serve and file a supplemental summons and amended complaint adding the entity allegedly responsibile for the potential prosecution of the Plaintiff under the statutes in questions within 30 days from the date of this order; and it is further ORDERED, that failure to serve and file a supplemental summons and amended complaint within the specified time period will result in dismissal of this action. (Ordered by Judge Arthur D. Spatt on 8/31/05). C/ECF. (Coleman, Laurie)
August 10, 2005 40 Featured Case ORDER: Re conference scheduled for 8/11/05 (see application to adjourn doc #57 in cv 03-4178): Conference in below captioned cases (03-786 / 03-4178) are adjourned to 10/3/05 at 10:30 a.m. Ordered by Judge Michael L. Orenstein on 8/10/05. (Imrie, Robert)
June 8, 2005 39 Featured Case ORDER re # 38 Letter:conference adjourned to 8/11/05 at 11:00 a.m. Ordered by Judge Michael L. Orenstein on 6/8/05. (Imrie, Robert)
June 6, 2005 38 Letter from James M. Maloney to Chief Magistrate Judge Orenstein Regarding request to adjourn 6/10/05 conference. (Maloney, James)
May 19, 2005 37 Featured Case ORDER Re: # 36 Letter regarding Second Circuit decision in Bach v. Pataki.- Application to file an additional and/or supplemental brief is DENIED. (Signed by Judge Arthur D. Spatt on 5/19/05). C/M, C/ECF.(Coleman, Laurie)
May 10, 2005 36 Letter from James M. Maloney to Judge Spatt Regarding Second Circuit decision in Bach v. Pataki. (Maloney, James)
April 7, 2005 35 Featured Case ORDER re # 34 Letter: Conference adjourned to 6/10/05 at 4:00 p.m. Signed by Judge Michael L. Orenstein on 4/7/05. (Imrie, Robert)
April 6, 2005 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)
February 1, 2005 33 Featured Case ORDER re # 32 Letter: Conference adjourned to 4/11/05 at 9:30 a.m. Signed by Judge Michael L. Orenstein on 2/1/05. (Imrie, Robert)
February 1, 2005 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)
January 10, 2005 31 Featured Case ORDER: the conference scheduled for 1/20/05 is adjourned. All parties are directed to appear at a conference to be held in this case set for 2/2/2005 03:00 PM before Chief Magistrate Michael L. Orenstein. Signed by Judge Michael L. Orenstein on 1/10/05. (Imrie, Robert)
December 1, 2004 30 Featured Case ORDER re # 29 Letter: Conference adjourned to 1/20/05 at 3:00 p.m. Signed by Judge Michael L. Orenstein on 12/1/04. (Imrie, Robert)
November 30, 2004 29 Letter from James M. Maloney to Hon. Michael L. Orenstein Regarding adjournment of 12/3 status conference. (Maloney, James)
November 2, 2004 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)
November 1, 2004 28 Featured Case ORDER re # 27 Letter: Application to adjourn 12/3/04 conference is denied without prejudice to renew if motion remains pending as of 11/30/04. Signed by Judge Michael L. Orenstein on 11/1/04. (Imrie, Robert)
October 31, 2004 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)
October 31, 2004 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)
October 31, 2004 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).
October 31, 2004 23 MEMORANDUM OF LAW in Support, served August 9, 2004, by James M. Maloney. (Maloney, James) Modified on 12/30/2004 (Coleman, Laurie).
October 31, 2004 22 Notice of MOTION for Summary Judgment served August 9, 2004, by James M. Maloney. (Maloney, James)
October 28, 2004 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).
October 8, 2004 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)
August 30, 2004 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).
August 12, 2004 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)
August 10, 2004 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)
June 18, 2004 Set Deadlines/Hearings: Status Conference set for 12/3/2004 @ 10:30 a.m. before Chief Magistrate Michael L. Orenstein. (Coleman, Laurie)
June 18, 2004 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)
June 14, 2004 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)
May 7, 2004 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)
February 2, 2004 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)
January 26, 2004 Featured Case ENDORSED ORDER granting 13 letter application requesting an adjournment of the 1/27/04 conference - Conference adjourned to 2/2/04 @ 11:30 a.m.. (Signed by Judge Michael L. Orenstein on 1/26/04). EOD #13. C/M(Coleman, Laurie)
January 26, 2004 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)
October 16, 2003 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)
September 23, 2003 Featured Case Endorsed ORDER on 10 Letter. Conference adjourned on consent. Conference will be held on 10/16/03 at 9:30 a.m. No furhter adjournment will be allowed. Initial Conference reset for 10/16/03 at 9:30 a.m. before Magistrate-Judge Michael L. Orenstein.( Signed by Judge Michael L. Orenstein on 9/23/03. ) c/m eod #10(Fagan, Linda)
September 23, 2003 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)
August 11, 2003 Featured Case ENDORSED ORDER granting 9 letter application the 8/12/03 conference. Conference is adjourned to 10/3/03 @ 10:00 a.m. However, counsel's proposed motion schedule fails to adhere to Judge Spatt's practices. (Signed by Judge Michael L. Orenstein, on 8/11/03). EOD #9. C/M(Coleman, Laurie)
August 11, 2003 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)
July 11, 2003 8 Featured Case ORDER -- The above case has been referred by United States District Judge Arthur D. Spatt to the undersigned. An Initial Conference is set for 8/12/2003 at 2:00 P.M. before Magistrate-Judge Michael L. Orenstein. Signed by Judge Michael L. Orenstein on 7/11/03. (Dachille, Patty)
May 21, 2003 7 ANSWER to Complaint by Eliot Spitzer.(Coleman, Laurie)
April 24, 2003 Featured Case ORDER Endorsed on 6 Letter; Application Denied. Motion Schedule not approved. Deft must file Answer or respond to the Complaint by 5/21/03 . ( Signed by Judge Arthur D. Spatt on 4/24/03. ) c/m eod #6(Fagan, Linda)
April 24, 2003 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)
April 15, 2003 5 Featured Case STIPULATION AND ORDER - It is hereby Stipulated by and between the undersigned, that this action be, and hereby is, dismissed pursuant to FRCP 41(a)(1)(ii), but only as against the dft Denis Dillon, in his official capacity as District Attorney of the County of Nassau, without prejudice and without costs or attorneys' fees as to either side as against the other. It is further Stipulated that the caption of this case be, upon the Court's order, amended to reflect the caption herein. (Signed by Judge Arthur D. Spatt, on 4/15/03). C/M. (Coleman, Laurie)
April 2, 2003 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)
March 18, 2003 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)
February 24, 2003 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)
February 18, 2003 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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Search for this case: Maloney v. Singas
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Plaintiff: James M. Maloney
Represented By: James M. Maloney
Represented By: Gary L. Donoyan
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Defendant: Denis Dillon
Represented By: Tatum J. Fox
Represented By: Liora M. Ben-Sorek
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Defendant: George Pataki
Represented By: Dorothy O. Nese
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Defendant: Kathleen M. Rice
Represented By: David Adam Tauster
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Defendant: Eliot Spitzer
Represented By: Dorothy O. Nese
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Defendant: Madeline Singas
Represented By: David Adam Tauster
Represented By: Liora M. Ben-Sorek
Represented By: Ralph J. Reissman
Represented By: Donald J. Berk
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