Omnistone Corp. et. al. v. Cuomo et. al.
| Sandro Mannarino and Omnistone Corp. |
| New York State, Andrew Cuomo and Nassau County |
| 2:2020cv02153 |
| May 12, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2020. A more recent docket listing may be available from PACER.
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ELECTRONIC ORDER granting #31 Motion for Pre Motion Conference. A telephone pre-motion conference is scheduled for July 27, 2020 at 11:00 am. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference. Plaintiffs shall file their pre-motion response letter by July 17, 2020. Counsel should note that, in appropriate cases, the pre-motion letter along with counsel's argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived.See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). Ordered by Judge Gary R. Brown on 6/26/2020. (Yim, Kevin)
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| Filing 32 Letter request for Pre-Motion Conference by Nassau County (Ben-Sorek, Liora) |
| Filing 31 Letter MOTION for pre motion conference re #29 Amended Complaint, by Andrew Cuomo, New York State. (Morelli, Robert) |
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ELECTRONIC ORDER finding as moot #28 Motion for Pre Motion Conference in light of the filing of the First Amended Complaint. Ordered by Judge Gary R. Brown on 6/14/2020. (Yim, Kevin)
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| Filing 30 Letter To Hon. Judge Gary R. Brown, Re June 1, 2020 Order and State Defendants Pre-Motion Conference Request by Sandro Mannarino, Omnistone Corp. (Weinstein, Jacob) |
| Filing 29 AMENDED COMPLAINT against Andrew Cuomo, Nassau County, New York State, filed by Omnistone Corp., Sandro Mannarino. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Weinstein, Jacob) |
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ELECTRONIC ORDER. In light of the Supreme Court's decision dated May 29, 2020 in South Bay United Penecostal Church v. Newsom, 590 U.S. ___ (2020), plaintiffs shall file a letter informing the Court as to whether they are withdrawing this action by June 15, 2020. Ordered by Judge Gary R. Brown on 6/1/2020. (Yim, Kevin)
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| Filing 28 MOTION for pre motion conference re #1 Complaint,, seeking to make a motion to dismiss based upon lack of subject matter jurisdiction and failure to state a cause of action by Andrew Cuomo. (Hingerton, Patricia) |
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SCHEDULING ORDER: The conference scheduled for June 2, 2020 at 10:00 a.m. is hereby CANCELLED. Ordered by Judge Gary R. Brown on 5/28/2020. (Yim, Kevin)
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| Filing 27 Letter withdrawing preliminary injunction motion by Sandro Mannarino, Omnistone Corp. (Weinstein, Jacob) |
| Filing 26 REPLY in Opposition re #22 Letter from plaintiffs dated May 24, 2020 regarding purported new developments filed by Andrew Cuomo. (Hingerton, Patricia) |
| Filing 25 Letter pursuant to Order dated 5/24/2020 re: oral argument on Preliminary Injunction by Sandro Mannarino, Omnistone Corp. (Weinstein, Jacob) |
| Filing 24 Letter re: 5/26 Oral Argument by Andrew Cuomo, New York State (Morelli, Robert) |
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ORDER- Given the fluid situation concerning COVID restrictions, and the possibility that unfolding events may moot some or all of the issues, the joint application to adjourn argument as to plaintiff's pending motion for a preliminary injunction to June 2, at 10:00 a.m. is GRANTED.Ordered by Judge Gary R. Brown on 5/25/2020. (Brown, Gary)
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| Filing 23 NOTICE of Appearance by Israel Dov Weinstein on behalf of All Plaintiffs (notification declined or already on case) (Weinstein, Israel) |
| Filing 22 Letter To Hon. Judge Gary R. Brown, Re: New and Recent Development by Sandro Mannarino, Omnistone Corp. (Attachments: #1 Exhibit A (Executive Order 202.33)) (Weinstein, Jacob) |
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ORDER - WHEREAS review of the developing changes in regulations related to the COVID-19 public health emergency suggests that the Governor's "Phase 1" reopening, currently scheduled for Nassau County for Wednesday, May 27, includes manufacturing and construction operations, may well encompass the facilities operated and activities conducted by plaintiffs herein. As such, it seems that the preliminary injunction argument scheduled for Tuesday, May 26, may have been obviated by these events. The counsel for the parties are hereby ORDERED to confer and file a letter by 5pm on Monday, May 25, as to whether there is any further need for the scheduled argument. Ordered by Judge Gary R. Brown on 5/24/2020. (Brown, Gary)
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| Filing 21 REPLY in Opposition re #19 Memorandum in Opposition, #20 Memorandum in Opposition,, Memorandum of Law in Reply to Defendants' Opposition and in Further Support of Plaintiffs' Application for a Preliminary Injunction filed by Sandro Mannarino, Omnistone Corp.. (Attachments: #1 Declaration Supplemental Declaration of Plaintiff MANNARINO, #2 Exhibit A (letter by physicians regarding closures due to COVID-19), #3 Exhibit B (E-mail re: essential work)) (Weinstein, Jacob) |
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SCHEDULING ORDER: Hearing no request for a video conference, the oral argument of the motion for a Preliminary Injunction on May 26, 2020 at 11 a.m. shall proceed via audio conference. The parties shall call (888) 363-4734 using ACCESS CODE 4132441 at the designated time. Counsel should note that "there is no hard and fast rule in this circuit that oral testimony must be taken on a motion for a preliminary injunction or that the court can in no circumstances dispose of the motion on the papers before it." Md. Cas. Co. v. Realty Advisory Bd. on Labor Relations, 107 F.3d 979, 984 (2d Cir. 1997). Ordered by Judge Gary R. Brown on 5/22/2020. (Yim, Kevin)
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| Filing 20 MEMORANDUM in Opposition re #10 Response to Motion, filed by Nassau County. (Attachments: #1 Declaration Declaration of DCA Ben-Sorek, #2 Declaration Declaration of Fire Marshal Lerner, #3 Exhibit A - Fire Marshal Activity Log, #4 Exhibit B - Order to Vacate, #5 Exhibit C - Executive Order 202.11, #6 Exhibit D - ESD Guidance, #7 Exhibit E - FAQs from New York State, #8 Exhibit F - Executive Order 202.6, #9 Exhibit G - Executive Order 202.8, #10 Exhibit H - Administrative order 78/20, #11 Exhibit I - Memo from NYS Courts Administrative Judge) (Ben-Sorek, Liora) |
| Filing 19 MEMORANDUM in Opposition re #10 Response to Motion, seeking a preliminary injunction, filed by Andrew Cuomo. (Hingerton, Patricia) |
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Filing 18
ORDER denying #8 Emergency Motion for Temporary Restraining Order. See attached order for briefing schedule on preliminary injunction motion, and for other details. So Ordered by Judge Gary R. Brown on 5/15/2020. (Yim, Kevin)
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| Filing 17 REPLY in Support re #14 Memorandum in Opposition, of State Defendants filed by Sandro Mannarino, Omnistone Corp.. (Weinstein, Jacob) |
| Filing 16 NOTICE of Appearance by Liora M. Ben-Sorek on behalf of Nassau County (aty to be noticed) (Ben-Sorek, Liora) |
| Filing 15 NOTICE of Appearance by Robert Edward Morelli on behalf of Andrew Cuomo, New York State (aty to be noticed) (Morelli, Robert) |
| Filing 14 MEMORANDUM in Opposition re #8 Emergency MOTION for Preliminary Injunction and other equatable relief andEmergency MOTION for Order to Show Cause for Preliminary Injunction and other equatable relief filed by Andrew Cuomo. (Hingerton, Patricia) |
| Filing 13 NOTICE of Appearance by E. David Smith on behalf of All Plaintiffs (aty to be noticed) (Smith, E.) |
| Filing 12 NOTICE of Appearance by Laurel R. Kretzing on behalf of Nassau County (aty to be noticed) (Kretzing, Laurel) |
| Filing 11 REPLY in Opposition re #10 Response to Motion, filed by Sandro Mannarino, Omnistone Corp.. (Weinstein, Jacob) |
| Filing 10 RESPONSE to Motion re #8 Emergency MOTION for Preliminary Injunction and other equatable relief andEmergency MOTION for Order to Show Cause for Preliminary Injunction and other equatable relief requesting time to submit opposition papers filed by Andrew Cuomo. (Hingerton, Patricia) |
| Filing 9 NOTICE of Appearance by Patricia M. Hingerton on behalf of Andrew Cuomo (aty to be noticed) (Hingerton, Patricia) |
| Filing 8 Emergency MOTION for Preliminary Injunction and other equatable relief and, Emergency MOTION for Order to Show Cause for Preliminary Injunction and other equatable relief by Sandro Mannarino, Omnistone Corp.. (Attachments: #1 Memorandum in Support, #2 Declaration Sandro Mannarino, #3 Proposed Order) (Weinstein, Jacob) |
| Filing 7 Summons Issued as to Andrew Cuomo, Nassau County, New York State. (Flanagan, Doreen) |
| Filing 6 Proposed Summons. Re #1 Complaint,, by Sandro Mannarino, Omnistone Corp. (Weinstein, Jacob) |
| Filing 5 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. (Flanagan, Doreen) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. Deleted duplicate Defendant Andrew Cuomo from the case. Deleted Document Entry No. 1 (Complaint and Exhibits) and re-entered as against all Defendants. (Flanagan, Doreen) |
| Your Proposed Summons was not issued for the following reasons: The caption on the Proposed Summons does not match the caption of the Complaint; specifically, please add party text after Plaintiff Sandro Mannarino's name and if you use "et al" you must attach a rider. In addition, the section that reads "To: (Defendant's name and address)" has not been correctly completed (please add party text after Defendant Andrew Cuomo's name), Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against Andrew Cuomo, Nassau County, New York State Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Omnistone Corp., Sandro Mannarino. (Attachments: #1 Exhibit Executive Order 202.6, #2 Exhibit Executive Order 202.8, #3 Exhibit Empire State Development Frequently Asked Questions Re: Executive Order 202.6, #4 Exhibit Request via Empire State Development and Automated Response, #5 Exhibit Excerpt of Nassau County Charter relating to Fire Marshal) (Flanagan, Doreen) Modified on 5/13/2020 (Flanagan, Doreen). |
| FILING FEE: $ 400.00, receipt number ANYEDC-12788563 (Flanagan, Doreen) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint,, by Sandro Mannarino, Omnistone Corp. (Weinstein, Jacob) |
| Filing 1 COMPLAINT against Andrew Cuomo(in his official capacity as Governor of The State of New York), Andrew Cuomo(in his personal capacity), Nassau County, New York State filing fee $ 400, receipt number ANYEDC-12788563 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Omnistone Corp., Sandro Mannarino. (Attachments: #1 Exhibit Executive Order 202.6, #2 Exhibit Executive Order 202.8, #3 Exhibit Empire State Development Frequently Asked Questions Re: Executive Order 202.6, #4 Exhibit Request via Empire State Development and Automated Response, #5 Exhibit Excerpt of Nassau County Charter relating to Fire Marshal) (Weinstein, Jacob) |
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