New York State Telecommunications Association, Inc. et. al. v. James
| CTIA - The Wireless Association, Satellite Broadcasting & Communications Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., USTelecom - The Broadband Association and ACA Connects - America's Communications Association |
| Letitia A. James |
| 2:2021cv02389 |
| April 30, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| A Kathleen Tomlinson |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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Filing 36
MANDATE of USCA 21-1603 as to #28 Notice of Interlocutory Appeal filed by Letitia A. James. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". (Landow, Concetta) Modified on 8/31/2021 (Landow, Concetta).
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Filing 35
NOTICE OF APPEAL as to #34 Clerk's Judgment,,,, by Letitia A. James. Filing fee $ 505, receipt number ANYEDC-14741650. (Hingerton, Patricia)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #35 Notice of Appeal; Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta)
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Filing 34
CLERK'S AMENDED JUDGMENT: ORDERED AND ADJUDGED that judgment is hereby entered in favor of Plaintiffs New York State Telecommunications Association Inc., CTIA The Wireless Association, ACA Connects Americas Communications Association, USTelecom The Broadband Association, NTCA The Rural Broadband Association, and Satellite Broadcasting & Communications Association against Defendant Letitia A. James, in her official capacity as Attorney General of New York; that the parties motion for judgment is granted; that N.Y. Gen. Bus. Law 399-zzzzz, as enacted by ch. 56, pt. NN (244th Sess. 2021) is preempted by federal law; that Defendant Letitia A. James, in her official capacity as the Attorney General of the State of New York, her employees, agents, and all persons acting on her behalf, are permanently enjoined from enforcing the Affordable Broadband Act, N.Y. Gen. Bus. Law 399-zzzzz, as enacted by ch. 56, pt. NN (244th Sess. 2021); that Plaintiffs' second claim for relief is dismissed without prejudice; and that this case is closed. Ordered by Clerk of Court on 8/10/2021. (Toritto, Jim)
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ORDER granting #33 Motion to Amend/Correct/Supplement: Defendant's request, on consent, that Court direct the Clerk of Court to correct a clerical error in #32 Clerk's Judgment is GRANTED. The Clerk of Court is directed to enter an amended judgment incorporating Defendant's requested changes. Ordered by Judge Denis R. Hurley on 8/4/2021. (Ready, John)
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Filing 33
MOTION to Amend/Correct/Supplement #32 Clerk's Judgment,,,, by Letitia A. James. (Hingerton, Patricia)
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Filing 32
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that judgment is hereby entered in favor of Plaintiffs New York State Telecommunications Association Inc., CTIA The Wireless Association, ACA Connects America's Communications Association, USTelecom The Broadband Association, NTCA The Rural Broadband Association, and Satellite Broadcasting & Communications Association against Defendant Letitia A. James, in her official capacity as Attorney General of New York; that the parties motion for judgment based on settlement is granted; that N.Y. Gen. Bus. Law 399-zzzzz, as enacted by ch. 56, pt. NN (244th Sess. 2021) is preempted by federal law; that Defendant Letitia A. James, in her official capacity as the Attorney General of the State of New York, her employees, agents, and all persons acting on her behalf, are permanently enjoined from enforcing the Affordable Broadband Act, N.Y. Gen. Bus. Law 399-zzzzz, as enacted by ch. 56, pt. NN (244th Sess. 2021); that Plaintiffs second claim for relief is dismissed without prejudice; and that this case is closed.Ordered by Clerk of Court on 7/29/2021. (Toritto, Jim)
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Filing 31
ORDER granting #30 Motion for Judgment Based on Settlement: The Stipulated Final Judgment is SO ORDERED. See attached for the signed and dated Stipulation. The Clerk of the Court is directed to enter final judgment in favor of Plaintiffs accordingly and is further directed to close the case. Ordered by Judge Denis R. Hurley on 7/28/2021. (Ready, John)
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Filing 30
MOTION for Judgment Based on Settlement -letter with Stipulated Final Judgment seeking so-ordering- by Letitia A. James. (Attachments: #1 Proposed Order) (Hingerton, Patricia)
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ORDER granting #29 Motion to Adjourn Conference. Defendant's deadline to answer or otherwise respond to the Complaint is extended to August 11, 2021. The Initial Conference is adjourned to August 31, 2021 at 10:00 A.M. The Court will provide advance notice as to the manner in which the conference will be conducted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/8/2021. (Ameri, Mana)
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Filing 29
MOTION to Adjourn Conference and extend time to file Answer by Letitia A. James. (Hingerton, Patricia)
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Filing 28
NOTICE OF INTERLOCUTORY APPEAL as to #25 Order on Motion for Preliminary Injunction, #26 Preliminary Injunction by Letitia A. James. (Landow, Concetta)
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USCA Appeal Fees received $ 505 receipt number ANYEDC-14614405 re #28 Notice of Interlocutory Appeal filed by Letitia A. James (Landow, Concetta)
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Originally the attorney for Ms. James filed a Notice of Appeal, but since the case is still pending it should be a Notice of Interlocutory Appeal. Deleted and re-entered using the correct event. (Landow, Concetta)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #28 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta)
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Filing 27
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference is set for July 28, 2021 at 11:00 A.M. before Magistrate Judge A. Kathleen Tomlinson. The Court will provide advance notice as to the manner in which the conference will be conducted. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the Court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/15/2021. (Ameri, Mana)
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Filing 26
PRELIMINARY INJUNCTION ORDER: The Court ORDERS, pursuant to Federal Rule of Civil Procedure 65, that Defendant Letitia A. James, in her official capacity as the Attorney General of the State of New York, her employees, agents, and all persons acting on her behalf are preliminarily enjoined from enforcing the Affordable Broadband Act, N.Y. Gen. Bus. Law 399-zzzzz; and FURTHER ORDERS that no bond shall be required. Ordered by Judge Denis R. Hurley on 6/11/2021. (Ready, John)
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Filing 25
ORDER granting #16 Motion for Preliminary Injunction: SEE ATTACHED MEMORANDUM & ORDER. For the reasons stated therein, Plaintiffs' motion for a preliminary injunction is GRANTED. The Court will enter a separate Preliminary Injunction Order. Ordered by Judge Denis R. Hurley on 6/11/2021. (Ready, John)
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ORDER re #20 Letter: Given the Court's #25 Memorandum and Order dated June 11, 2021, Defendant's request is DENIED. Defendant shall answer the #1 Complaint within thirty (30) days. Ordered by Judge Denis R. Hurley on 6/11/2021. (Ready, John)
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| Minute Entry for proceedings held before Judge Denis R. Hurley: Plaintiff Scott Angstreich, Andre Goldsmith, Jerod Marx; Defendant Patricia HingertonMotion Hearing Oral Argument held on 6/4/2021 re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by ACA Connects - America's Communications Association, Satellite Broadcasting & Communications Association, USTelecom - The Broadband Association, CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc. Decision Reserved; Oral Argument placed on the record. Counsel is directed to order the transcript on an expedited basis. The Court will do a written decision. (Court Reporter Fred Guerino.) (Lundy, Lisa) |
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SCHEDULING ORDER: The Conference scheduled for 6/3/2021 at 1:30 pm The parties are reminded that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result sanctions, including removal of Court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Ordered by Judge Denis R. Hurley on 6/2/2021. (Lundy, Lisa)
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| Filing 24 Letter providing additional documents by CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., USTelecom - The Broadband Association (Attachments: #1 Exhibit A, #2 Exhibit B) (Goldsmith, Andrew) |
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ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/24/2021. (Ameri, Mana)
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| Filing 23 REPLY to Response to Motion re #16 MOTION for Preliminary Injunction and Memorandum in Support filed by ACA Connects - America's Communications Association, CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., Satellite Broadcasting & Communications Association, USTelecom - The Broadband Association. (Goldsmith, Andrew) |
| Filing 22 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14496684. by Satellite Broadcasting & Communications Association. (Attachments: #1 Affidavit Affidavit to Appear Pro Hac Vice, #2 Supplement D.D.C. Certificate of Good Standing) (Nilsson, Michael) |
| Filing 21 Letter regarding PSC Order dated May 20, 2021 by Letitia A. James (Hingerton, Patricia) |
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ORDER re #20 Letter: A decision regarding Defendant's request for a premotion conference, as well as any response from Plaintiff related thereto, shall be HELD IN ABEYANCE until the Court decides #16 Plaintiff's motion for a preliminary injunction. Ordered by Judge Denis R. Hurley on 5/19/2021. (Ready, John)
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| Filing 20 Letter seeking a pre-motion to dismiss conference or briefing schedule by Letitia A. James (Hingerton, Patricia) |
| Filing 19 MEMORANDUM in Opposition re #16 MOTION for Preliminary Injunction and Memorandum in Support with Declaration in Opposition and Exhs. A to C thereto filed by All Defendants. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Hingerton, Patricia) |
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ORDER granting #17 Motion for Leave to Appear Pro Hac Vice; granting #18 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF, registration is available online at www.pacer.gov. Once registered, counsel shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Also, counsel shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/13/2021. (Ameri, Mana)
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| Filing 18 MOTION to Appear Pro Hac Vice for Joseph S. Hall Filing fee $ 150, receipt number ANYEDC-14463968. by CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., USTelecom - The Broadband Association. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Hall, Joseph) |
| Filing 17 MOTION to Appear Pro Hac Vice for Scott H. Angstreich Filing fee $ 150, receipt number ANYEDC-14463910. by CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., USTelecom - The Broadband Association. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Angstreich, Scott) |
| Filing 16 MOTION for Preliminary Injunction and Memorandum in Support by ACA Connects - America's Communications Association, CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., Satellite Broadcasting & Communications Association, USTelecom - The Broadband Association. (Attachments: #1 Declaration of Jim Baase (Ex. A), #2 Declaration of Matthew Kramer Coakley (Ex. B), #3 Declaration of Glen Faulkner (Ex. C), #4 Declaration of Jennifer Manner (Ex. D), #5 Declaration of Jason Miller (Ex. E), #6 Declaration of Mark T. Webster (Ex. F), #7 Exhibit G, #8 Exhibit H, #9 Notice of Motion) (Goldsmith, Andrew) |
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ORDER re #15 Letter: The parties' agreed-upon briefing schedule is SO ORDERED. Plaintiffs shall serve and file their opening brief on or before May 6, 2021; Defendant shall serve and file her opposition brief on or before 2 p.m. on May 17, 2021; and Plaintiffs shall serve and file their reply brief on or before May 21, 2021.The Court will hold oral argument via telephone on June 3, 2021 at 1:30 p.m. The parties shall call into the teleconference #888-273-3658 Access Code 4660635. Ordered by Judge Denis R. Hurley on 5/5/2021. (Ready, John)
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| Filing 15 Letter requesting adoption of agreed-upon briefing schedule for preliminary injunction motion by CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., USTelecom - The Broadband Association (Goldsmith, Andrew) |
| Filing 14 NOTICE of Appearance by Patricia M. Hingerton on behalf of All Defendants (aty to be noticed) (Hingerton, Patricia) |
| Filing 13 NOTICE of Appearance by Susan M. Connolly on behalf of All Defendants (aty to be noticed) (Connolly, Susan) |
| Attention Jeffrey A. Lamken, This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Kirchner, Mary) |
| Filing 12 SUMMONS Returned Executed by Satellite Broadcasting & Communications Association, USTelecom - The Broadband Association, New York State Telecommunications Association, Inc., ACA Connects - America's Communications Association, CTIA - The Wireless Association, NTCA - The Rural Broadband Association. Letitia A. James served on 5/3/2021, answer due 5/24/2021. (Goldsmith, Andrew) |
| Filing 11 Summons Issued as to Letitia A. James. (Cubano, Jazmin) |
| Filing 10 Proposed Summons. by ACA Connects - America's Communications Association, CTIA - The Wireless Association, NTCA - The Rural Broadband Association, New York State Telecommunications Association, Inc., Satellite Broadcasting & Communications Association, USTelecom - The Broadband Association (Goldsmith, Andrew) |
| Filing 9 Corporate Disclosure Statement by ACA Connects - America's Communications Association (Hashem, Rayiner) |
| Filing 8 Corporate Disclosure Statement by Satellite Broadcasting & Communications Association (Marx, Jared) |
| Filing 7 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 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 5 Corporate Disclosure Statement by NTCA - The Rural Broadband Association (Goldsmith, Andrew) |
| Filing 4 Corporate Disclosure Statement by USTelecom - The Broadband Association (Goldsmith, Andrew) |
| Filing 3 Corporate Disclosure Statement by CTIA - The Wireless Association (Goldsmith, Andrew) |
| Filing 2 Corporate Disclosure Statement by New York State Telecommunications Association, Inc. (Goldsmith, Andrew) |
| Filing 1 COMPLAINT for Declaratory Judgment and Preliminary and Permanent Injunctive Relief against Letitia A. James filing fee $ 402, receipt number ANYEDC-14425557 Was the Disclosure Statement on Civil Cover Sheet completed - Yes,, filed by Satellite Broadcasting & Communications Association, USTelecom - The Broadband Association, New York State Telecommunications Association, Inc., ACA Connects - America's Communications Association, CTIA - The Wireless Association, NTCA - The Rural Broadband Association. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A) (Goldsmith, Andrew) Modified on 4/30/2021 (Flanagan, Doreen). (Attachment 1 replaced for statistical purposes (original pdf flagged as corrupt) on 5/4/2021) (Florio, Lisa). |
| This case has been opened in the Eastern District of New York. Attorney Jeffrey A. Lamken, if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Flanagan, Doreen) |
| Your Proposed Summons was not issued for the following reason: The caption on the Proposed Summons does not conform to the caption on the Complaint. Specifically, if the caption is too lengthy and does not fit, please attach a rider to the Proposed Summons. Please correct the Proposed Summons and resubmit it using the event Other Filings - Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge A. Kathleen Tomlinson. 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) |
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