Town of Babylon, NY et al v. James
Plaintiff: Town Of Babylon, Town of Brookhaven, Town of Hempstead, Town Of Islip, Town of Oyster Bay, Town of North Hempstead, Town of Huntington, Town of Ramapo, Town of Smithtown, Town of Babylon, NY, Town of Brookhaven, NY, Town of Hempstead, NY, Town of Islip, NY, Town of Oyster Bay, NY, Town of North Hempstead, NY, Town of Huntington, NY, Town of Ramapo, NY and Town of Smithtown, NY
Defendant: State of New York Attorney General and Letitia James
Case Number: 2:2022cv01681
Filed: March 25, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Kiyo A Matsumoto
Referring Judge: Anne Y Shields
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2022 Filing 25 Letter Response pursuant to 5/2/22 order granting Plaintiffs' pre-motion conference request (Dkt No. 24) by Letitia James (Amer, Andrew)
May 3, 2022 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 5/3/2022. Appearances: Mark Tate, Esq. for Plaintiffs; Andrew Amer, Esq. for Defendant. The court held a pre-motion conference in Courtroom 6C South, with the parties appearing by telephone. Defendant shall serve her motion to dismiss by May 25, 2022. Plaintiffs shall serve their opposition by June 15, 2022. Defendant shall serve her reply by June 24, 2022, and on that date the parties shall file the fully briefed motion papers on ECF in logical order. The parties shall deliver 2 courtesy copies of their papers to Chambers on the date that they are served. The court will consider Plaintiffs' proposed motion for injunctive relief after adjudicating Defendant's motion to dismiss. (Court Reporter Linda Danelczyk) (Duhaime, Daniel)
May 2, 2022 Filing 24 MOTION for pre motion conference to file Emergency Motion for TRO by Town of Babylon, NY, Town of Brookhaven, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Islip, NY, Town of North Hempstead, NY, Town of Oyster Bay, NY, Town of Ramapo, NY, Town of Smithtown, NY. (Tate, Mark)
May 2, 2022 Opinion or Order ORDER granting #24 Motion for Pre Motion Conference. The court will address Plaintiffs' #24 letter seeking permission to file a motion for a temporary restraining order at the pre-motion conference regarding Defendant's motion to dismiss previously scheduled for tomorrow, May 3, 2022. The court adjourns the May 3, 2022 pre-motion conference until 4:00 PM. Defendant may respond to Plaintiffs' #24 letter requesting a pre-motion conference by May 3, 2022 at 12:00 PM.The parties shall dial into the 4:00 PM pre-motion conference by calling 1-888-684-8852 and entering the following access code: 1312089. The court will address both proposed motions at the pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 5/2/2022. (Duhaime, Daniel)
April 21, 2022 Filing 23 Letter Response to Defendant's Request for pre-motion conference by Town of Babylon, NY, Town of Brookhaven, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Islip, NY, Town of North Hempstead, NY, Town of Oyster Bay, NY, Town of Ramapo, NY, Town of Smithtown, NY (Tate, Mark)
April 21, 2022 Opinion or Order ORDER granting #22 Motion for Pre Motion Conference. The pre-motion conference regarding Defendant's motion to dismiss will proceed as scheduled on May 3, 2022 at 11:30 AM. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 4/21/2022. (Duhaime, Daniel)
April 18, 2022 Filing 22 Letter MOTION for pre motion conference concerning third amended complaint by Letitia James. (Amer, Andrew)
April 13, 2022 Opinion or Order ORDER granting #20 Motion to Amend/Correct/Supplement. In light of Defendant's consent, Plaintiffs' request to file an amended complaint is GRANTED. So Ordered by Magistrate Judge Anne Y. Shields on 4/13/2022. (Mucciaccio, Dina)
April 12, 2022 Filing 21 AMENDED COMPLAINT -Declaratory Relief - Constitution Violation - Supremacy Clause Violation against All Defendants, filed by Town of North Hempstead, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Brookhaven, NY, Town of Babylon, NY, Town of Islip, NY, Town of Oyster Bay, NY. (Tate, Mark)
April 12, 2022 Filing 20 Consent MOTION to Amend/Correct/Supplement Complaint by Town of Babylon, NY, Town of Brookhaven, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Islip, NY, Town of North Hempstead, NY, Town of Oyster Bay, NY. (Tate, Mark)
April 11, 2022 Opinion or Order ORDER finding as moot #15 Motion for Pre Motion Conference; granting #17 Motion for Pre Motion Conference. The parties shall appear telephonically for a pre-motion conference on May 3, 2022 at 11:30 AM. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 4/11/2022. (Duhaime, Daniel)
April 8, 2022 Filing 19 RESPONSE to Motion re #17 Letter MOTION for pre motion conference , #15 Letter MOTION for pre motion conference Letter filed by All Plaintiffs. (Tate, Mark)
April 7, 2022 Filing 18 RESPONSE to Motion re #17 Letter MOTION for pre motion conference in response to Court's Scheduling Order of 4/7/22 filed by Letitia James. (Amer, Andrew)
April 7, 2022 Filing 17 Letter MOTION for pre motion conference by Letitia James. (Amer, Andrew)
April 7, 2022 Opinion or Order SCHEDULING ORDER: re #17 Letter MOTION. Defendant's renewed request for a pre-motion conference appears to reflect Defendant's consent to the filing of the second amended complaint. By April 8, 2022, Defendant is directed to confirm in writing whether it consents to the filing of the second amended complaint. See Fed. R. Civ. P. 15(a)(2) (providing that, after a party amends its pleading once as a matter of course, "a party may amend its pleading only with the opposing party's written consent or the court's leave"). Ordered by Judge Kiyo A. Matsumoto on 4/7/2022. (Duhaime, Daniel)
April 6, 2022 Filing 16 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Town of North Hempstead, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Smithtown, NY, Town of Brookhaven, NY, Town of Ramapo, NY, Town of Babylon, NY, Town of Islip, NY, Town of Oyster Bay, NY. (Tate, Mark)
April 4, 2022 Filing 15 Letter MOTION for pre motion conference by Letitia James. (Amer, Andrew)
April 4, 2022 Filing 14 NOTICE of Appearance by Andrew Stuart Amer on behalf of Letitia James (aty to be noticed) (Amer, Andrew)
March 31, 2022 Filing 13 WAIVER OF SERVICE Returned Executed by Town of North Hempstead, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Smithtown, NY, Town of Brookhaven, NY, Town of Ramapo, NY, Town of Babylon, NY, Town of Islip, NY, Town of Oyster Bay, NY. All Defendants. (Tate, Mark)
March 31, 2022 Filing 12 NOTICE of Appearance by Mark Tate on behalf of All Plaintiffs (notification declined or already on case) (Tate, Mark)
March 31, 2022 Filing 11 Summons Issued as to Leticia Jones. (Tavarez, Jennifer)
March 30, 2022 Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15424831. by Town of Babylon, NY, Town of Brookhaven, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Islip, NY, Town of North Hempstead, NY, Town of Oyster Bay, NY, Town of Ramapo, NY, Town of Smithtown, NY. (Tate, Mark)
March 30, 2022 Opinion or Order ORDER granting #10 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. So Ordered by Magistrate Judge Anne Y. Shields on 3/30/2022. (Mucciaccio, Dina)
March 29, 2022 Filing 9 AMENDED COMPLAINT against All Defendants, filed by Town of North Hempstead, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Smithtown, NY, Town of Brookhaven, NY, Town of Ramapo, NY, Town of Babylon, NY, Town of Islip, NY, Town of Oyster Bay, NY. (Attachments: #1 Proposed Summons Amended Summons) (Tate, Mark)
March 29, 2022 Filing 8 APPROVAL of #5 Motion for Refund of Fees Paid Electronically. The refund of Filing Fee in the amount of $402, Receipt No. ANYEDC-15411426 is approved. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Processing Supervisor on 3/29/2022. (Lee, Tiffeny)
March 29, 2022 Attention Mark Tate: 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)
March 28, 2022 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. (Jakubowski, Laura)
March 28, 2022 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
March 28, 2022 Filing 5 MOTION for Refund of Fees Paid Electronically by Town Of Babylon, Town Of Islip, Town of Brookhaven, Town of Hempstead, Town of Huntington, Town of North Hempstead, Town of Oyster Bay, Town of Ramapo, Town of Smithtown. (Tate, Mark)
March 28, 2022 Filing 4 MOTION for Refund of Fees Paid Electronically by Town Of Babylon, Town Of Islip, Town of Brookhaven, Town of Hempstead, Town of Huntington, Town of North Hempstead, Town of Oyster Bay, Town of Ramapo, Town of Smithtown. (Tate, Mark)
March 28, 2022 Filing 3 Amended Civil Cover Sheet.. by Town Of Babylon, Town Of Islip, Town of Brookhaven, Town of Hempstead, Town of Huntington, Town of North Hempstead, Town of Oyster Bay, Town of Ramapo, Town of Smithtown (Tate, Mark) (Main Document 3 replaced on 3/28/2022) (Jakubowski, Laura).
March 28, 2022 Your proposed summonses were not issued for the following reason: The caption on the summonses does not match the caption as it appears on the complaint - specifically, all plaintiffs must be listed. Additionally, only one summons is needed as there is only one defendant listed in the Complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura)
March 28, 2022 Case Assigned to Judge Kiyo A. Matsumoto 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. (Jakubowski, Laura)
March 28, 2022 Incorrect Case/Document/Entry Information. Deleted Defendant State of New York Attorney General and replaced with Defendant Leticia Jones to conform to the Complaint. Deleted Document Entry No. 1 (Complaint and Exhibits) and re-entered as against Leticia Jones. (Jakubowski, Laura)
March 25, 2022 Filing 2 Proposed Summons.Civil Cover Sheet.. by Town of Babylon, NY, Town of Brookhaven, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Islip, NY, Town of North Hempstead, NY, Town of Oyster Bay, NY, Town of Ramapo, NY, Town of Smithtown, NY (Attachments: #1 Proposed Summons - Town of Babylon, #2 Proposed Summons - Town of Brookhaven, #3 Proposed Summons - Town of Hempstead, #4 Proposed Summons - Town of Huntington, #5 Proposed Summons - Town of Islip, #6 Proposed Summons - Town of North Hempstead, #7 Proposed Summons - Town of Oyster Bay, #8 Proposed Summons - Town of Ramapo, #9 Proposed Summons - Town of Smithtown) (Jakubowski, Laura)
March 25, 2022 Filing 1 COMPLAINT For Injunctive Relief against Leticia Jones Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Town of North Hempstead, NY, Town of Hempstead, NY, Town of Huntington, NY, Town of Smithtown, NY, Town of Brookhaven, NY, Town of Ramapo, NY, Town of Babylon, NY, Town of Islip, NY, Town of Oyster Bay, NY. (Attachments: #1 Exhibit A, #2 Exhibit B) (Jakubowski, Laura)
March 25, 2022 FILING FEE: $ 402, receipt number ANYEDC-15411426 (Jakubowski, Laura)
March 25, 2022 FILING FEE: $ 402, receipt number ANYEDC-15411368 (Jakubowski, Laura)

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Plaintiff: Town Of Babylon
Represented By: Mark Tate
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Plaintiff: Town of Brookhaven
Represented By: Mark Tate
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Plaintiff: Town of Hempstead
Represented By: Mark Tate
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Plaintiff: Town Of Islip
Represented By: Mark Tate
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Plaintiff: Town of Oyster Bay
Represented By: Mark Tate
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Plaintiff: Town of North Hempstead
Represented By: Mark Tate
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Plaintiff: Town of Huntington
Represented By: Mark Tate
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Plaintiff: Town of Ramapo
Represented By: Mark Tate
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Plaintiff: Town of Smithtown
Represented By: Mark Tate
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Plaintiff: Town of Babylon, NY
Represented By: Mark Tate
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Plaintiff: Town of Brookhaven, NY
Represented By: Mark Tate
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Plaintiff: Town of Hempstead, NY
Represented By: Mark Tate
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Plaintiff: Town of Islip, NY
Represented By: Mark Tate
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Plaintiff: Town of Oyster Bay, NY
Represented By: Mark Tate
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Plaintiff: Town of North Hempstead, NY
Represented By: Mark Tate
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Plaintiff: Town of Huntington, NY
Represented By: Mark Tate
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Plaintiff: Town of Ramapo, NY
Represented By: Mark Tate
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Plaintiff: Town of Smithtown, NY
Represented By: Mark Tate
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Defendant: State of New York Attorney General
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Defendant: Letitia James
Represented By: Andrew Stuart Amer
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