Does 1 - 10 v. Suffolk County, New York
| John Does 1-10 and John Does 1 - 10 |
| Suffolk County New York and Suffolk County, New York |
| 2:2021cv03409 |
| June 16, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 14 STATUS REPORT by Suffolk County, New York (Attachments: #1 Exhibit A) (Zwilling, Arlene) |
ORDER denying #12 Motion to Stay. By what purports to be a letter motion, lacking any meaningful citation to authority or explanation, plaintiffs seek a stay of this Court's order pending appeal pursuant to Fed.R.App.P. 8. The order in question was an order dismissing the action without prejudice to repleading and denying an improperly-filed preliminary injunction application. As such, it is unclear the nature of the relief plaintiffs are seeking. "In considering whether to grant a stay of judgment pending appeal, a court will consider whether the petitioner is likely to prevail on the merits, whether the lack of a stay will irreparably injure the petitioner, whether issuing a stay will substantially injure the other party or parties, and whether the public interest tends toward granting or denying the stay." Liberty Mut. Ins. Co. v. Bankers Tr. Co., 769 F. Supp. 130, 131 (S.D.N.Y. 1991). Given these circumstances, plaintiffs cannot establish that the lack of a stay would cause irreparable injury, and the Court cannot assess the effect of a stay on any parties or on the public interest. Moreover, for the reasons set forth in the Order, it is the considered view of this Court that petitioner is unlikely to prevail on the merits. As such, the motion is DENIED. Ordered by Judge Gary R. Brown on 7/28/2021. (Brown, Gary)
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| Filing 13 CERTIFIED ORDER 21-1658 of USCA as to #11 Notice of Appeal filed by John Does 1 - 10. IT IS HEREBY ORDERED that the motion for a stay and injunction pending appeal are DENIED without prejudice to renewal in light of the fact that Appellants did not comply with Federal Rule of Appellate Procedure by first seeking relief in the district court and they have not attempted to explain why it would be impracticable for them to do so. The motion for leave to file an oversized motion is granted. (Landow, Concetta) Modified on 8/5/2021 (Landow, Concetta). |
| Filing 12 MOTION to Stay re #9 Order Dismissing Case, in its entirety pursuant to Fed R App P 8(a)(1)(A) by John Does 1 - 10. (Bellantoni, Amy) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #11 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) |
| Filing 11 NOTICE OF APPEAL as to #9 Order Dismissing Case, by John Does 1 - 10. Filing fee $ 505, receipt number ANYEDC-14629703. (Bellantoni, Amy) |
| Filing 10 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 21-cv-3716(JS)(SIL). (Landow, Concetta) |
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Filing 9
ORDER DISMISSING CASE: For the reasons set forth in the attached Memorandum and Order, plaintiffs' application for a TRO and a Preliminary Injunction is DENIED and the action is DISMISSED. Plaintiffs are given leave to replead within 30 days, however, should plaintiffs opt to file an amended complaint, plaintiffs should pay careful attention to the issues raised herein. Ordered by Judge Gary R. Brown on 6/26/2021. (Meil, Stephen)
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| Filing 8 SUMMONS Returned Executed by John Does 1 - 10. Suffolk County, New York served on 6/24/2021, answer due 7/15/2021. (Bellantoni, Amy) |
| Filing 7 Letter supplementing Plaintiffs' Motion for TRO and Preliminary Injunction informing the Court of Suffolk County's Second Round of threatening confiscation letters to similarly situated individuals by John Does 1 - 10 (Attachments: #1 Exhibit Suffolk County Second Letter, June 16, 2021) (Bellantoni, Amy) |
| Filing 6 Civil Cover Sheet.. Re #1 Complaint, by John Does 1 - 10 (Bellantoni, Amy) |
| Filing 5 Summons Issued as to Suffolk County, New York. (Flanagan, Doreen) |
| Filing 4 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 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 2 Unsigned Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by John Does 1 - 10 (Attachments: #1 Declaration of Amy L. Bellantoni, #2 Exhibit Plaintiff Declarations, #3 Exhibit Declaration of Ryan Gisolfi, #4 Exhibit May 20, 2021 Letter from Suffolk County Police Department, #5 Exhibit depiction of the Delta Level Defense CT4-2A Other Firearm, #6 Exhibit Firearms regulated under the NFA, #7 Exhibit Pistol Defined, #8 Memorandum in Support) (Bellantoni, Amy) Modified on 6/17/2021 (Flanagan, Doreen). |
| Incorrect Case/Document Entry Information. Deleted Defendant Suffolk County New York and added Defendant Suffolk County, New York to conform to the Complaint. Deleted Document Entry No. 1 (Complaint, Civil Cover Sheet and Proposed Summons) and re-entered as against Defendant. (Flanagan, Doreen) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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 Suffolk County, New York Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by John Does 1 - 10. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Flanagan, Doreen) Modified on 6/17/2021 (Flanagan, Doreen). |
| FILING FEE: $ 402.00, receipt number ANYEDC-14572569 (Flanagan, Doreen) |
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