McCarthy et. al. v. Cuomo et. al.
| 53 Veterans Highway, Inc., Sean McCarthy and 53 Veterans Highway, Inc. doing business as Blush Gentleman's Club |
| Andrew Cuomo, The United States of America, Jovita Carranza, United States Small Business Administration, Steven Mnuchin and County of Suffolk |
| 2:2020cv02124 |
| May 9, 2020 |
| US District Court for the Eastern District of New York |
| Allyne R Ross |
| Anne Y Shields |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 30
ORDER DISMISSING CASE/NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(i) is voluntarily dismissed against all defendants, ANDREW CUOMO, both individual and in his official capacity as Governor of the State of New York; COUNTY OF SUFFOLK; UNITED STATES SMALL BUSINESS ADMINISTRATION; JOVITA CARRANZA, in her official capacity as administrator of the United States Small Business Administration; STEVEN MNUCHIN, in his official capacity as United States Secretary of Treasury; and THE UNITED STATES OF AMERICA. ( Ordered by Judge Allyne R. Ross on 6/26/2020 ) (Guzzi, Roseann)
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| Civil Case Terminated as per Voluntary withdrawal. (Guzzi, Roseann) |
| Filing 29 NOTICE of Voluntary Dismissal by 53 Veterans Highway, Inc., Sean McCarthy (Murray, Joseph) |
| Filing 28 MEMORANDUM in Support re #27 Notice of MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Cuomo. (Thompson, James) |
| Filing 27 Notice of MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Andrew Cuomo. (Thompson, James) |
| Filing 26 MOTION to Dismiss by County of Suffolk. (Attachments: #1 Declaration, #2 Exhibit A, #3 Memorandum in Support) (Petre, Michael) |
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Filing 25
ORDER denying #7 #8 Motion for TRO. Because plaintiffs have failed to demonstrate a likelihood of success on the merits on any of their claims, plaintiffs' request for preliminary relief is denied. Ordered by Judge Allyne R. Ross on 6/18/2020. (Taitz, Sarah)
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| Filing 24 Letter Requesting Pre-Motion Conference by County of Suffolk (Petre, Michael) |
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ORDER: The court has determined a premotion conference on the County of Suffolk's motion to dismiss is not necessary. The County's motion is to be briefed on the same schedule as the State defendant's motion. The County's motion is due on or before June 19, 2020; the plaintiff's response is due on or before June 26, and the County may file any replies by on or before June 30, 2020. Ordered by Judge Allyne R. Ross on 6/16/2020. (Taitz, Sarah)
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ORDER: The court has determined a premotion concference on defendants' motions to dismiss is not necessary. The parties are instructed to brief the motions as follows: the state defendants are to file their motion to dismiss on or before June 19, 2020; the plaintiff is to file his response to both the federal and state defendants' motions by on or before June 26, and the federal and state defendants may file any replies by on or before June 30, 2020. Ordered by Judge Allyne R. Ross on 6/12/2020. (Taitz, Sarah)
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| Filing 23 DECLARATION re #19 Notice of MOTION to Dismiss /Opposition to Plaintiffs' Motions for Injunctive Relief by Jovita Carranza, Steven Mnuchin, The United States of America, United States Small Business Administration (Knapp, James) |
| Filing 22 Letter Requesting Pre-motion Conference Regarding Motion To Dismiss by Andrew Cuomo (Thompson, James) |
| Filing 21 MEMORANDUM in Opposition re #19 Notice of MOTION to Dismiss /Opposition to Plaintiffs' Motions for Injunctive Relief /in Support of Federal Defendants Motion to Dismiss the Amended Complaint as Against Federal Defendants filed by Jovita Carranza, Steven Mnuchin, The United States of America, United States Small Business Administration. (Knapp, James) |
| Filing 20 MEMORANDUM in Opposition re #8 Emergency MOTION for Temporary Restraining Order filed by Andrew Cuomo. (Thompson, James) |
| Filing 19 Notice of MOTION to Dismiss /Opposition to Plaintiffs' Motions for Injunctive Relief by Jovita Carranza, Steven Mnuchin, The United States of America, United States Small Business Administration. (Knapp, James) |
| Filing 18 DECLARATION re #7 First MOTION for Temporary Restraining Order as against all defendants by County of Suffolk (Petre, Michael) |
| Filing 17 NOTICE of Appearance by Michael J Petre on behalf of County of Suffolk (aty to be noticed) (Petre, Michael) |
| Filing 16 NOTICE of Appearance by James M. Thompson on behalf of Andrew Cuomo (aty to be noticed) (Thompson, James) |
| Filing 15 NOTICE of Appearance by James H. Knapp on behalf of Jovita Carranza, Steven Mnuchin, The United States of America, United States Small Business Administration (aty to be noticed) (Knapp, James) |
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ORDER: Defendants are instructed to respond to plaintiff's motion for a temporary restraining order on or before June 11, 2020. Ordered by Judge Allyne R. Ross on 5/29/2020. (Taitz, Sarah)
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| Filing 14 AFFIDAVIT of Service for AFFIDAVIT of Service for Notice of Motion for Emergency App for TRO w/ Attachments served on United States of America on 5/28/2020, filed by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 13 AFFIDAVIT of Service for AFFIDAVIT of Service for Notice of Motion for Emergency App for TRO w/ Attachments served on Steven Mnuchin on 5/28/2020, filed by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 12 AFFIDAVIT of Service for AFFIDAVIT of Service for Notice of Motion for Emergency App for TRO w/ Attachments served on Jovita Carranza on 5/28/2020, filed by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 11 AFFIDAVIT of Service for AFFIDAVIT of Service for Notice of Motion for Emergency App for TRO w/ Attachments served on United States Small Business Administration on 5/28/2020, filed by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 10 AFFIDAVIT of Service for AFFIDAVIT of Service for Notice of Motion for Emergency App for TRO w/ Attachments served on Suffolk County on 5/28/2020, filed by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 9 AFFIDAVIT of Service for Notice of Motion for Emergency App for TRO w/ Attachments served on Gov. Cuomo (on designee) on 5/28/2020, filed by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 8 Emergency MOTION for Temporary Restraining Order by 53 Veterans Highway, Inc., Sean McCarthy. (Crusco, Peter) |
| Filing 7 First MOTION for Temporary Restraining Order as against all defendants by 53 Veterans Highway, Inc., Sean McCarthy. (Attachments: #1 Exhibit Verified Amended Complaint, #2 Exhibit List of Exhibits to Verified Amended Complaint, #3 Exhibit Exhibit-A to Verified Amended Complaint, #4 Exhibit Exhibit-B to Verified Amended Complaint, #5 Exhibit Exhibit-C to Verified Amended Complaint, #6 Exhibit Exhibit-D to Verified Amended Complaint, #7 Exhibit Exhibit-E to Verified Amended Complaint, #8 Exhibit Exhibit-F to Verified Amended Complaint, #9 Exhibit Exhibit-G to Verified Amended Complaint, #10 Exhibit Exhibit-H to Verified Amended Complaint, #11 Exhibit Exhibit-I to Verified Amended Complaint, #12 Exhibit Exhibit-J to Verified Amended Complaint, #13 Exhibit Exhibit-K to Verified Amended Complaint, #14 Exhibit Exhibit-L to Verified Amended Complaint, #15 Exhibit Exhibit-M to Verified Amended Complaint, #16 Memorandum in Support Memorandum of Law in Support, #17 Proposed Order Proposed Order) (Murray, Joseph) |
| Filing 6 AMENDED COMPLAINT VERIFIED against All Defendants, filed by Sean McCarthy, 53 Veterans Highway, Inc.. (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Exhibit-A EO 202, #3 Exhibit Exhibit-B EO 202.1, #4 Exhibit Exhibit-C EO 202.3, #5 Exhibit Exhibit-D EO 202.6, #6 Exhibit Exhibit-E EO 202.8, #7 Exhibit Exhibit-F EO 202.11, #8 Exhibit Exhibit-G EO 20214, #9 Exhibit Exhibit-H Prior lawsuit, #10 Exhibit Exhibit-I Foreclosure Notice, #11 Exhibit Exhibit-J SB 7919, #12 Exhibit Exhibit-K Photograph, #13 Exhibit Exhibit-L EO 202.17, #14 Exhibit Exhibit-M EO 202.31) (Murray, Joseph) |
| Filing 5 Summons Issued as to Jovita Carranza, County of Suffolk, Andrew Cuomo, Steven Mnuchin, The United States of America, United States Small Business Administration. (Vanderbilt, Evelyn) |
| Filing 4 Proposed Summons. by 53 Veterans Highway, Inc., Sean McCarthy (Murray, Joseph) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Vanderbilt, Evelyn) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Vanderbilt, Evelyn) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Vanderbilt, Evelyn) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Vanderbilt, Evelyn) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12776918 Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Sean McCart with Defendants Rider, #2 Proposed Summons, #3 Exhibit-A, #4 Exhibit-B, #5 Exhibit-C, #6 Exhibit D #7 Exhibit-E, #8 Exhibit-F) (Murray, Joseph) Modified on 5/11/2020 (Vanderbilt, Evelyn). Modified on 5/11/2020 (Vanderbilt, Evelyn). |
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