Chrysafis et al v. James
| Feng Zhou, Pantelis Chrysafis, Mudan Shi, Betty Cohen and Brandie LaCasse |
| Letitia James |
| Make the Road New York and Housing Court Answers |
| 2:2021cv00998 |
| February 24, 2021 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| Arlene R Lindsay |
| Joanna Seybert |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.
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Filing 35
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiffs Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Musan Shi, and Feng Zhou take nothing of Defendant Letitia James, Attorney General of the State of New York; that Defendant's motion to dismiss is granted; that this case is dismissed in its entirety for lack of subject matter jurisdiction; that Plaintiffs' motion for a preliminary injunction is denied; and that this case is closed. Ordered by Clerk of Court on 4/14/2021. (Toritto, Jim)
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Filing 34
OPINION AND ORDER granting #26 Motion to Dismiss; denying #5 Motion for Preliminary Injunction; For the reasons set forth herein, the Attorney General's motion to dismiss is granted, this case is dismissed in its entirety for lack of subject matter jurisdiction, and Plaintiffs' motion for a preliminary injunction is denied. So Ordered by Judge Joanna Seybert on 4/14/2021. C/ECF (Valle, Christine)
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Filing 33
Letter to Judge Seybert from Randy Mastro regarding the Pending Preliminary Injunction Application by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou (Mastro, Randy)
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NOTICE of Hearing: The conference scheduled to be held before Judge Feuerstein on 5/18/2021 is adjourned without date. c/ECF (Ortiz, Grisel)
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Case reassigned to Judge Joanna Seybert. Judge Sandra J. Feuerstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa)
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Incorrect Case/Document/Entry Information. The original case reassigned entry has been deleted due to a clerical error. The incorrect Judge's name was entered into the docket entry text. The original entry has been removed and a corrected entry listing the current pensider District Judge Joanna Seybert has been entered. (Florio, Lisa)
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Filing 32
Letter to Judge Sandra J. Feuerstein from Randy M. Mastro in response to Attorney General's letter of April 1, 2021 (Dkt. 31) by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou (Mastro, Randy)
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Filing 31
Letter to respectfully bring to the Court's attention a relevant Decision and Order in Albany Supreme Court by Letitia James (Attachments: #1 Exhibit 1 (Decision and Order in Lakeragh, et al. v. State of New York, et al.)) (Lynch, Helena)
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Filing 30
REPLY in Support re #26 MOTION to Dismiss based on Eleventh Amendment Immunity filed by Letitia James. (Lynch, Helena)
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Filing 29
AFFIDAVIT/DECLARATION in Opposition re #26 MOTION to Dismiss based on Eleventh Amendment Immunity Declaration of Plaintiffs' counsel, filed by Defendant per bundle rule filed by Letitia James. (Attachments: #1 Exhibit 1 (Transcript), #2 Exhibit 2 (memordandum), #3 Exhibit 3 (press release), #4 Exhibit 4 (news article), #5 Exhibit 5 (news article), #6 Exhibit 6 (tweet), #7 Exhibit 7 (guidance on coronavirus resources and warning about consumer scams)) (Lynch, Helena)
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Filing 28
MEMORANDUM in Opposition re #26 MOTION to Dismiss based on Eleventh Amendment Immunity Plaintiff's Memorandum of Law, filed by Defendant per bundle rule filed by Letitia James. (Lynch, Helena)
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Filing 27
MEMORANDUM in Support re #26 MOTION to Dismiss based on Eleventh Amendment Immunity filed by Letitia James. (Lynch, Helena)
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Filing 26
MOTION to Dismiss based on Eleventh Amendment Immunity by Letitia James. (Lynch, Helena)
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Filing 25
Letter - Cover Letter for Plaintiffs' Opposition to Defendant's Motion to Dismiss from Plaintiffs' Counsel to Defendant's Counsel by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou (Shapiro, Akiva)
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Filing 24
MEMORANDUM in Opposition re #18 Amicus Curiae Appearance / PLAINTIFFS' MEMORANDUM OF LAW IN RESPONSE TO AMICI CURIAE BRIEF ON BEHALF OF HOUSING COURT ANSWERS AND MAKE THE ROAD NEW YORK filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 23
Letter Cover letter for Defendant's motion, addressed to Plaintiff's counsel by Letitia James (Lynch, Helena)
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Filing 22
Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Initial Conference Hearing held on 3/16/2021: Plaintiff and defendant counsel present; Case called. OTHER: Defendants motion to dismiss to be served by 3/23/2021.Opposition to be served by 3/26/2021. Reply and fully briefed motion to be served and filed with the Court 3/30/2021. The motion of Housing Court Answers and Make The Road New York for leave to file an amicus curiae brief Doc. #18 is Granted. Plaintiff shall file any response thereto by 3/23/2021. A telephone status conference is scheduled before Judge Feuerstein on 5/18/2021 at 9:00 am. At the designated time, the parties shall call Chambers' teleconferencing number, (877) 336-1280, and follow the automated instructions; the access code is: 7215690. (Court Reporter Dominick Tursi.) (Cubano, Jazmin)
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Filing 21
Letter re Proposed Amici Curiae Submission by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou (Attachments: #1 Exhibit A - NYC Tenant Legal Service Organizations, #2 Exhibit B - Excerpt from Nassau County Community Resource Guide) (Mastro, Randy)
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Filing 20
AFFIDAVIT/DECLARATION in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Attachments: #1 Exhibit 7 - Memorandum, #2 Exhibit 8 - Press Release, #3 Exhibit 9 - News Article, #4 Exhibit 10 - News Article, #5 Exhibit 11 - Social Media Message, #6 Exhibit 12 - News Article, #7 Exhibit 13 - Article, #8 Exhibit 14 - News Article) (Shapiro, Akiva)
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Filing 19
REPLY in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 18
Amicus Curiae APPEARANCE entered by Ellen Beth Davidson on behalf of Housing Court Answers, Make the Road New York (Attachments: #1 Memorandum in Opposition) (Davidson, Ellen)
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Filing 17
AFFIDAVIT/DECLARATION in Opposition re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION filed by Letitia James. (Attachments: #1 Exhibit 1. form Notice of Nonpayment Petition, #2 Exhibit 2. form Notice of Holdover Petition, #3 Exhibit 3. Chapter 127, Laws of 2020, #4 Exhibit 4. Chapter 381, Laws of 2020, #5 Exhibit 5. research paper, Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality (2020), #6 Exhibit 6. research paper, Housing Precarity and the COVID-19 Pandemic (2020), #7 Exhibit 7. form Hardship Declaration, #8 Exhibit 8. Bill S5357/A5697) (Lynch, Helena)
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Filing 16
MEMORANDUM in Opposition re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION filed by Letitia James. (Lynch, Helena)
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ORDER granting #15 Motion for Leave to File Excess Pages: The application is granted. Ordered by Judge Sandra J. Feuerstein on 3/4/2021. c/ECF (Adell, April)
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Filing 15
MOTION for Leave to File Excess Pages by Letitia James. (Lynch, Helena)
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Filing 14
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re #5 MOTION for Temporary Restraining Order: It is hereby ordered that Defendants State of New York and Letitia James, through their attorneys, show cause before this Court, a telephone hearing on the 16th day of of March, 2021, at 11:30 oclock in the thereof, or as soon as thereafter as counsel may be heard, why an order should not be issued, pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminary enjoining Defendants, their representatives and agents, and all persons acting in concert or in participation with them, or having notice, from implementing or enforcing Part A of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, until such time as the Court resolves Plaintiffs application for permanent relief in this case; it is further ordered at the designated time, the parties shall call this courts teleconference number, (877) 336-1280; the access code is 7215690. and it is further ORDERED that sufficient cause having been shown, service of this Order and all of the papers submitted in support thereof shall be made on Defendants counsel deemed effective if it is completed by electronic mail on or before the 26th of February 2021 by 5:00 pm and it is furthered ordered that Defendants answering papers on the motion for a preliminary injunction, if any, shall be filed with the Clerk of this Court and served upon the attorneys for plaintiff via ECF, ad courtesy copies sent to Chambers by no later than March 8, 2021 and that any reply papers submitted by plaintiff shall be filed and served and courtesy copies of all moving papers and reply papers sent to chambers by ECF March 12, 2021. SEE ATTACHED. So Ordered by Judge Sandra J. Feuerstein on 2/26/2021. (Cubano, Jazmin)
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Filing 13
NOTICE of Appearance by Helena Ann Lynch on behalf of Letitia James (aty to be noticed) (Lynch, Helena)
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Filing 12
AFFIDAVIT/DECLARATION in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION - Declaration of Betty Cohen filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Shapiro, Akiva)
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Filing 11
Letter to Judge Sandra J. Feuerstein from Akiva Shapiro re exception to the bundling rule by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou (Shapiro, Akiva)
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Filing 10
AFFIDAVIT/DECLARATION in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION - Declaration of Akiva Shapiro filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Attachments: #1 Exhibit 1 - New York State Senate Act, #2 Exhibit 2 - New York State Executive Order, #3 Exhibit 3 - New York State Executive Order, #4 Exhibit 4 - New York State Laws, #5 Exhibit 5 - Declaration of Hardship, #6 Exhibit 6 - News Article) (Shapiro, Akiva)
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Filing 9
AFFIDAVIT/DECLARATION in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION - Declaration of Peter Vekiarellis filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 8
AFFIDAVIT/DECLARATION in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION - Declaration of Mudan Shi filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 7
AFFIDAVIT/DECLARATION in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION - Declaration of Brandie LaCasse filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 6
MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION filed by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 5
MOTION for Temporary Restraining Order / ORDER TO SHOW CAUSE for TEMPORARY RESTRAINING ORDER, MOTION for Preliminary Injunction / ORDER TO SHOW CAUSE for PRELIMINARY INJUNCTION by Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou. (Mastro, Randy)
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Filing 4
Summons Issued as to Letitia James. (Rodin, Deanna)
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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. (Rodin, Deanna)
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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Filing 1
COMPLAINT against Letitia James filing fee $ 402, receipt number ANYEDC-14195266 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Mudan Shi, Pantelis Chrysafis, Brandie LaCasse, Betty Cohen, Feng Zhou. (Attachments: #1 Exhibit A - NYS Senate Act, #2 Exhibit B - Declaration of Hardship, #3 Civil Cover Sheet, #4 Proposed Summons) (Mastro, Randy)
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Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
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