Town of Babylon, NY et al v. James
| 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 |
| State of New York Attorney General and Letitia James |
| 2:2022cv01681 |
| March 25, 2022 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Anne Y Shields |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 25 Letter Response pursuant to 5/2/22 order granting Plaintiffs' pre-motion conference request (Dkt No. 24) by Letitia James (Amer, Andrew) |
| 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) |
| 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) |
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)
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| 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) |
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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)
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| Filing 22 Letter MOTION for pre motion conference concerning third amended complaint by Letitia James. (Amer, Andrew) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 17 Letter MOTION for pre motion conference by Letitia James. (Amer, Andrew) |
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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)
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| 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) |
| Filing 15 Letter MOTION for pre motion conference by Letitia James. (Amer, Andrew) |
| Filing 14 NOTICE of Appearance by Andrew Stuart Amer on behalf of Letitia James (aty to be noticed) (Amer, Andrew) |
| 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) |
| Filing 12 NOTICE of Appearance by Mark Tate on behalf of All Plaintiffs (notification declined or already on case) (Tate, Mark) |
| Filing 11 Summons Issued as to Leticia Jones. (Tavarez, Jennifer) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| 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) |
| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| FILING FEE: $ 402, receipt number ANYEDC-15411426 (Jakubowski, Laura) |
| FILING FEE: $ 402, receipt number ANYEDC-15411368 (Jakubowski, Laura) |
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