The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO et al v. The State of New York et al
| Joseph Barrett, Patricia Hynes, Jeffrey Kayser, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark and The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO |
| Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Department of Civil Service, New York State Police and Fire Retirement System, New York State and Local Retirement System and The State of New York |
| 1:2011cv01527 |
| December 28, 2011 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Mae A D'Agostino |
| Christian F Hummel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 63 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 41 Motion for Judgment on the Pleadings; adopting in part and rejecting in part Report and Recommendations re # 50 Report and Recommendations. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/15. (ban) |
Filing 62
TEXT ORDER granting # 60 Letter Request to the extent that the sixty (60) days in which to file any motion for class certification begins to run when the District Judge rules on the objections filed in the Roberts v. State of New York (12-CV-46) case. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 9/9/14. (aaf, )
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| Filing 61 CERTIFICATE OF SERVICE by Joseph Barrett, Patricia Hynes, Jeffrey Kayser, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO re # 60 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Jeffrey Kayser, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO request (Walsh, Mark) |
| Filing 60 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Jeffrey Kayser, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting clarification of timetable for motion for class certification submitted to Judge Hummel . (Walsh, Mark) |
| Filing 59 CERTIFICATE OF SERVICE by Joseph Barrett, Patricia Hynes, Jeffrey Kayser, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO re # 58 LETTER BRIEF, (Walsh, Mark) |
| Filing 58 LETTER BRIEF in Response to Defendants' Objections to Magistrate Hummel's Report and Recommendation by Joseph Barrett, Patricia Hynes, Jeffrey Kayser, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Walsh, Mark) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the docket text in the # 57 docket entry to reflect that the filing is an Objection and not an Appeal of Magistrate Judge Decision. The clerk also removed Motion Hearing, Reply, and Response dates. (mc) |
| Filing 57 OBJECTION: filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna re # 50 Report and Recommendation and Order. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Certificate of Service)(Engel, Justin) Modified on 8/12/2014 (mc). |
| Filing 56 CERTIFICATE OF SERVICE by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna re # 55 Answer to Amended Complaint (Lynch, Helena) |
| Filing 55 ANSWER to # 51 Amended Complaint, by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna.(Lynch, Helena) |
| DOCKET ANNOTATION: Attorney Helena Lynch is directed to file a Certificate of Service regarding the # 55 Answer. (mc) |
| Filing 54 NOTICE of Appearance by Justin L. Engel on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Engel, Justin) |
| Filing 53 NOTICE of Appearance by Helena Lynch on behalf of All Defendants (Lynch, Helena) |
| Filing 52 CERTIFICATE OF SERVICE by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO re # 51 Amended Complaint, (Walsh, Mark) |
| Filing 51 AMENDED COMPLAINT against Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna filed by Patricia Hynes, James O'Connor, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO, Paula Olsen, Joseph Barrett, Lawrence Shewark, Timothy Mulvey.(Walsh, Mark) |
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Filing 50
REPORT-RECOMMENDATION AND ORDER: It is ORDERED that the # 38 MOTION to Amend/Correct the # 1 Complaint is GRANTED. Plaintiffs are directed to file and serve the Amended Complaint within 10 days of the date of this decision, and that parties shall use the caption noted herein for all further submissions. It is RECOMMENDED that the # 41 MOTION for Judgment on the Pleadings be DENIED. Objections to R&R due by 8/11/2014. Signed by Magistrate Judge Christian F. Hummel on 7/25/2014. (mc)
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| Filing 49 REPLY to Response to Motion re # 41 MOTION for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Sprague, Laura) |
| Filing 48 TEXT ORDER REFERRING MOTION: It is hereby ORDERED that pursuant to 28 U.S.C. 636(B), Fed. R. Civ. P. 72, and Local Rule 72.3, Defendants' # 41 MOTION for Judgment on the Pleadings filed by Robert L. Megna, Andrew M. Cuomo, J. Dennis Hanrahan, Patricia A. Hite, Caroline W. Ahl, Thomas P. DiNapoli, be REFERRED to Magistrate Judge Christian F. Hummel for the issuance of a Report-Recommendation and Order. Signed by U.S. District Judge Mae A. D'Agostino on 7/10/14. (ban) |
| Filing 47 CERTIFICATE OF SERVICE by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO re # 46 Affidavit in Opposition to Motion, (Walsh, Mark) |
| Filing 46 AFFIDAVIT in Opposition re # 41 MOTION for Judgment on the Pleadings filed by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Attachments: # 1 Memorandum of Law in Opposition to Motion)(Walsh, Mark) |
| Filing 45 CERTIFICATE OF SERVICE by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO re # 44 Reply to Response to Motion, (Walsh, Mark) |
| Filing 44 REPLY to Response to Motion re # 38 MOTION to Amend/Correct # 1 Complaint,, filed by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Walsh, Mark) |
| Filing 43 TEXT ORDER granting # 42 Letter Request to extend response deadline: Plaintiff's request is GRANTED. The # 41 Motion for Judgment on the Pleadings return date is reset for 7/15/14 (ON SUBMIT). No personal appearances are necessary. The motion will be decided on the submission of the papers only. The Response deadline is extended to 7/8/14. Reply deadline extended to 7/15/14. Signed by U.S. District Judge Mae A. D'Agostino on 6/6/14. (ban) |
| Filing 42 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting extension of time to respond to defendants' motion for judgment on the pleadings submitted to Judge Mae A. D'Agostino . (Walsh, Mark) |
| Reset Deadlines as to # 41 MOTION for Judgment on the Pleadings . Motion Hearing is reset for 7/15/2014(ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 7/8/2014, Reply to Response to Motion due by 7/15/2014. (ban) |
| Filing 41 MOTION for Judgment on the Pleadings Motion Hearing set for 7/1/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/16/2014 Reply to Response to Motion due by 6/20/2014. filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Attachments: # 1 Memorandum of Law, # 2 Appendix of unreported cases, # 3 Supplement to the appendix of unreported cases, # 4 Declaration of service) (Sprague, Laura) |
| Filing 40 RESPONSE in Opposition re # 38 MOTION to Amend/Correct # 1 Complaint, and Memorandum of Law in Support of # 41 Motion for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Attachments: # 1 Appendix of unreported cases, # 2 Supplement to appendix of unreported cases, # 3 Declaration of service)(Sprague, Laura) Modified on 6/2/2014 (ban). |
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Filing 39
TEXT ORDER denying # 36 Letter Request. On March 12, 2014, the Court issued an Order setting a briefing schedule for the filing of a Motion to Amend the Complaint and a later Motion Seeking Class Certification. Dkt. No. # 35 . The Order further stayed discovery, with limited exceptions, pending a decision on any Motion to Amend the Complaint and any Motion Seeking Class Certification. Dkt. No. 48 . By letter motion dated March 24, 2014, Plaintiffs seek reconsideration of the Court's general stay of discovery. Dkt. No. # 36 . The Court has considered Plaintiffs' motion for reconsideration and it is DENIED for the reasons set forth on the record by the Court on March 11, 2014. As the scope of this matter will not be determined until a decision on a Motion to Amend and a Motion Seeking Class Certification, conducting extensive discovery at this time serves no legitimate purpose. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 4/7/14. (aaf, )
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| Reset Deadlines as to # 38 MOTION to Amend/Correct # 1 Complaint: Pursuant to Judge Hummel's 3/12/14 # 35 Text order, Response to Motion due by 5/28/2014, Reply to Response to Motion due by 6/9/2014. (ban) |
| Set/Reset Deadlines as to the # 38 MOTION to Amend/Correct pursuant to the # 35 Order. Response to Motion due by 5/28/2014. Reply to Response to Motion due by 6/9/2014. (nmk) |
| Filing 38 MOTION to Amend/Correct # 1 Complaint,, Motion Hearing (ON SUBMIT) set for 6/19/2014 10:00 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/2/2014 filed by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Attachments: # 1 Affidavit of Mark T. Walsh, Esq. in Support of Motion, # 2 Affidavit of Jeffrey Kayser in Support of Motion, # 3 Memorandum of Law In Support of Motion, # 4 Certificate of Service) Motions referred to Christian F. Hummel. (Walsh, Mark) |
| Filing 37 NOTICE of Appearance by Rachel M. Kish on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Kish, Rachel) |
| Filing 36 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting Reconsideration of decision to stay discovery submitted to Judge Christian F. Hummel . (Attachments: # 1 Certificate of Service)(Walsh, Mark) |
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Filing 35
ORDER: Pursuant to the 3/11/2014 conference, it is Ordered that to the extent that any plaintiffs wish to file a Motion to Amend, such requests are GRANTED, Motions to Amend shall be filed by 3/28/2014, Response papers shall be filed by 5/28/2014, Reply papers shall be filed by 6/9/2014. To the extent that any plaintiffs wish to file a Motion for Class Certification, such requests are GRANTED. Motions for Class Certification shall be filed within 60 days of the Court's decision on the Motions to Amend, Response paper shall be filed within 60 days of the filing of any Motion for Class Certification, any Reply papers shall be filed within 14 days of the response papers. Discovery shall be HELD IN ABEYANCE pending resolution of the pending motions to amend except that plaintiffs may conduct limited discovery as noted herein. Signed by Magistrate Judge Christian F. Hummel on 3/12/2014. (jmb)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel (FTR Recorded: 10:30-11:00): Appearances: Mark T. Walsh, Esq., Laura Sprague, Esq. Discovery Hearing held on 3/11/2014. Plaintiffs' counsel indicates clients wish to move for class certification. Briefing schedules set. Motion to amend schedule is as follows: Motions to be filed by 3/28; Responses by 5/28; Replies by 6/9. Motion for class certification schedule is as follows: Motions to be filed within 60 days of Court's decision on motion to amend; responding papers to be filed within 60 days of motion for class certification; reply papers to be filed within 14 days of responding papers. Discovery held in abeyance with limited exception regarding names of individuals involved in 1982 and 1983 collective bargaining agreements and their successors. The Mid-Discovery Status Conference scheduled for 3/21/14 is marked off. Written order to follow. (Court Reporter Lisa Tennyson)(aaf, ) |
| Filing 34 NOTICE of Appearance by Laura A. Sprague on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Sprague, Laura) |
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Filing 33
TEXT ORDER granting [Dkt #32] Letter Request Pre-Motion Filing Conference set for 3/11/2014 10:30 AM in person in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 2/24/14. (cjm, )
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| Filing 32 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting Pre-motion conference submitted to Judge Hummel . (Walsh, Mark) |
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Filing 31
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/21/2014. Amended Pleadings due by 3/20/2014. Discovery due by 7/21/2014. Motions to be filed by 10/31/2014. Signed by Magistrate Judge Christian F. Hummel on 10/22/13. (cjm, )
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| Text Minute Entry (FTR recorded 10:10 - 10:25 am) for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on 10/18/2013. Appearances: Mark Walsh, Esq., Charles Quakenbush, AAG. Deadlines set for the progression of the case. A Mid-Discovery Status Conference is set for 3/21/2014 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, ) |
| Filing 30 CIVIL CASE MANAGEMENT PLAN by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Walsh, Mark) |
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Filing 29
TEXT ORDER Civil Case Management Plan due by 10/8/2013. Authorized by Magistrate Judge Christian F. Hummel on 9/27/13. (cjm, )
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Filing 28
TEXT ORDER granting # 27 Letter Request for JOINT Initial Rule 16 Conference set for 10/18/2013 10:00 AM in Albany before Magistrate Judge Christian F. Hummel for present case as well as all related cases. Authorized by Magistrate Judge Christian F. Hummel on 9/27/13. (cjm, )
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| Filing 27 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting Joint Rule 16 Conference submitted to Judge Hummel . (Walsh, Mark) |
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Filing 26
ORDER Transferring Case No. 1:13-CV-645 to U.S. District Judge D'Agostino and U.S. Magistrate Judge Hummel. Signed by Magistrate Judge Randolph F. Treece on 7/24/2013. (lah)
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| Filing 25 MEMORANDUM-DECISION AND ORDER denying # 21 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 7/9/13. (ban) |
| Filing 24 REPLY to Response to Motion re # 21 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Defendants. (Quackenbush, Charles) |
| Filing 23 RESPONSE in Opposition re # 21 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Attachments: # 1 Appendix, # 2 Certificate of Service)(Walsh, Mark) |
| Filing 22 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting extension of time to submit papers in opposition to defendants' motion for reconsideration submitted to Judge D'Agostino . (Walsh, Mark) |
| TEXT ORDER granting # 22 Letter Request: The response to the Motion for Reconsideration is due 3/22/13; Reply due 3/28/13; The return date is reset for 4/2/13 (ON SUBMIT) before Judge D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. Signed by U.S. District Judge Mae A. D'Agostino on 2/22/13. (ban) |
| Reset Deadlines as to # 21 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. : Response to Motion due by 3/22/2013, Reply to Response to Motion due by 3/28/2013. Motion Hearing set for 4/2/2013 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban) |
| NOTICE: Rule 16 conference before Magistrate Judge Hummel will be held in abeyance pending a decision on the Dispositive Motion by Judge D'Agostino. Parties are to notify Judge Hummel's chambers if a Rule 16 conference is necessary upon a decision of the District Judge. (cjm, ) |
| Filing 21 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. Motion Hearing set for 3/19/2013 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/4/2013 filed by Defendants. (Attachments: # 1 Memorandum of Law, # 2 Declaration of AAG Charles J. Quackenbush, # 3 Appendix A to Quackenbush Declaration) (Quackenbush, Charles) |
| Ans. Deadlines terminated. (ban) |
| Filing 20 ANSWER to # 1 Complaint,, by Defendants.(Quackenbush, Charles) |
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TEXT ORDER granting DKT # 19 Letter Request, Caroline W. Ahl answer due 1/11/2013; Andrew M. Cuomo answer due 1/11/2013; Defendants answer due 1/11/2013; Thomas P. DiNapoli answer due 1/11/2013; J. Dennis Hanrahan answer due 1/11/2013; Patricia A. Hite answer due 1/11/2013; Robert L. Megna answer due 1/11/2013; New York State Civil Service Commission answer due 1/11/2013; New York State Department of Civil Service answer due 1/11/2013; New York State Police and Fire Retirement System answer due 1/11/2013; New York State and Local Retirement System answer due 1/11/2013; The State of New York answer due 1/11/2013. Signed by Magistrate Judge Christian F. Hummel on 12/17/12. (cjm, )
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| Filing 19 Letter Motion from AAG Charles J. Quackenbush for Defendants requesting an extension of defendants' answer date to January 11, 2013 submitted to Judge Christian F. Hummel . (Quackenbush, Charles) |
| Filing 18 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 10 Motion to Dismiss for Lack of Subject Matter Jurisdiction: ORDERED that defendants motion to dismiss plaintiffs complaint (Dkt. No. 10) is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendants motion to dismiss plaintiffs complaint as against the State of New York, New York State Civil Service Department, New York State Civil Service Commission, New York State and Local Retirement System and New York State Police and Fire Retirement System is GRANTED. All claims against these defendants are dismissed; it is further ORDERED that defendants motion to dismiss plaintiffs claims for monetary damages asserted against defendants Hite, Ahl, Hanrahan, Megna and DiNapoli in their official capacity is GRANTED; it is further ORDERED that defendants motion to dismiss plaintiffs claims for injunctive and declaratory relief asserted against defendants Hite, Ahl, Hanrahan, Megna and DiNapoli in theirofficial capacity is GRANTED only to the extent that such claims seek retrospective relief; it is further ORDERED that defendants motion to dismiss plaintiffs Article 78 claims is GRANTED; it is further ORDERED that defendants motion is denied in all other respects. Signed by U.S. District Judge Mae A. D'Agostino on 12/3/12. (ban) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge David R. Homer no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 9/4/2012. (dpk)
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| TEXT NOTICE. The Rule 16 Conference previously set for 6/26/2012 at 9:00 AM with Magistrate Judge Homer is ADJOURNED WITHOUT DATE pending decision on the dispositive motion before the District Court.(lah, ) |
| Filing 16 REPLY to Response to Motion re # 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants filed by The State of New York. (Quackenbush, Charles) |
| TEXT ORDER granting # 15 Letter Request/Status Report, filed by Joseph Barrett, Patricia Hynes, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO, James O'Connor, Timothy Mulvey, Paula Olsen, Lawrence Shewark. The corrections to plaintiff's memorandum of law in opposition to defendant's motion to dismiss are noted. No further submission are necessary. Signed by U.S. District Judge Mae A. D'Agostino on 4/26/12. (ban) |
| Filing 15 STATUS REPORT --Correction of Errors in Memorandum of Law in Opposition by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Walsh, Mark) |
| Filing 14 Letter Motion from AAG Charles J. Quackenbush for The State of New York requesting an extension of defendants' 12(b) Reply date to April 27, 2012 submitted to Judge Mae A. D'Agostino . (Quackenbush, Charles) |
| TEXT ORDER granting # 14 Letter Request for an extension to file reply papers: Reply to Response to Motion due by 4/27/2012. Signed by U.S. District Judge Mae A. D'Agostino on 4/25/12. (ban) |
| Filing 13 RESPONSE in Opposition re # 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants filed by Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO. (Attachments: # 1 Appendix to Memorandum of Law--Unpublished Cases, # 2 Declaration of Mark T. Walsh, Esq., # 3 Certificate of Service)(Walsh, Mark) |
| Filing 12 STATUS REPORT regarding 03/16/12 SDNY preliminary injunction Decision/Order by The State of New York. (Attachments: # 1 (03/16/12 SDNY preliminary injunction Decision/Order))(Quackenbush, Charles) |
| TEXT ORDER granting # 11 Letter Request: The return date is adjourned to May 15, 2012 (ON SUBMIT) before Hon. Mae A. D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response due 4/18/12; Reply 4/25/12. Signed by U.S. District Judge Mae A. D'Agostino on 3/5/12. (ban) |
| Reset Deadlines as to # 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants : Response to Motion due by 4/18/2012, Reply to Response to Motion due by 4/25/2012. Motion Hearing is reset for 5/15/2012 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino (ban) |
| Filing 11 Letter Motion from Mark T. Walsh, Esq. for Joseph Barrett, Patricia Hynes, Timothy Mulvey, James O'Connor, Paula Olsen, Lawrence Shewark, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO requesting extension of time to serve/file papers in opposition to defendants' motion to dismiss submitted to Judge D'Agostino . (Walsh, Mark) |
| Filing 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants Motion Hearing set for 4/3/2012 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/19/2012 Reply to Response to Motion due by 3/23/2012. filed by The State of New York. (Attachments: # 1 Memorandum of Law, # 2 Declaration of AAG Quackenbush, # 3 Appendix A to Quackenbush Declaration, # 4 Appendix B to Quackenbush Declaration, # 5 Appendix C to Quackenbush Declaration, # 6 Appendix D to Quackenbush Declaration, # 7 Appendix E to Quackenbush Declaration, # 8 Appendix F to Quackenbush Declaration, # 9 Appendix G to Quackenbush Declaration, # 10 Appendix H to Quackenbush Declaration, # 11 Appendix I to Quackenbush Declaration, # 12 Appendix J to Quackenbush Declaration, # 13 Appendix K to Quackenbush Declaration) (Quackenbush, Charles) |
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Filing 9
ORDER granting # 8 Letter Request. Request is GRANTED up to 40 pages. Signed by Magistrate Judge David R. Homer on 2/29/2012. (dpk)
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| Filing 8 Letter Motion from AAG Charles J. Quackenbush for The State of New York requesting permission to submit a Memorandum exceeding 25 pages upon defendants' Motion to Dismiss submitted to Judge David R. Homer (on behalf of all defendants) . (Quackenbush, Charles) |
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TEXT ORDER granting # 7 Letter Request. Defendants' deadline to file an Answer or otherwise move with respect to plaintiffs' Complaint is extended to on or before MARCH 2, 2012. Signed by Magistrate Judge David R. Homer on 1/18/2012. (lah, )
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| Filing 7 Letter Motion from AAG Charles J. Quackenbush for Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Department of Civil Service, New York State Police and Fire Retirement System, New York State and Local Retirement System, The State of New York requesting an extension of defendants' answer/motion date to March 2, 2012 submitted to Judge David R. Homer . (Quackenbush, Charles) |
| Filing 6 SUMMONS Returned Executed by Patricia Hynes, James O'Connor, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO, Paula Olsen, Joseph Barrett, Lawrence Shewark, Timothy Mulvey. Caroline W. Ahl served on 1/10/2012, answer due 1/31/2012; Andrew M. Cuomo served on 1/10/2012, answer due 1/31/2012; J. Dennis Hanrahan served on 1/10/2012, answer due 1/31/2012; Patricia A. Hite served on 1/10/2012, answer due 1/31/2012; Robert L. Megna served on 1/10/2012, answer due 1/31/2012; New York State Civil Service Commission served on 1/10/2012, answer due 1/31/2012; New York State Department of Civil Service served on 1/10/2012, answer due 1/31/2012; The State of New York served on 1/10/2012, answer due 1/31/2012. (Attachments: # 1 Affidavit Return of Summons Executed, # 2 Affidavit Return of Summons Executed, # 3 Affidavit Return of Summons Executed, # 4 Affidavit Return of Summons Executed, # 5 Affidavit Return of Summons Executed, # 6 Affidavit Return of Summons Executed, # 7 Affidavit Return of Summons Executed)(Walsh, Mark) |
| Filing 5 SUMMONS Returned Executed by Patricia Hynes, James O'Connor, The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO, Paula Olsen, Joseph Barrett, Lawrence Shewark, Timothy Mulvey. Thomas P. DiNapoli served on 1/9/2012, answer due 1/30/2012; New York State Police and Fire Retirement System served on 1/9/2012, answer due 1/30/2012; New York State and Local Retirement System served on 1/9/2012, answer due 1/30/2012. (Attachments: # 1 Affidavit Return of Summons Executed, # 2 Affidavit Return of Summons Executed)(Walsh, Mark) |
| TEXT NOTICE. The Initial Rule 16 Conference previously set for 9/19/2012 at 3:00 PM with Magistrate Judge Baxter is RESCHEDULED to JUNE 26, 2012 at 9:00 AM with Magistrate Judge David R. Homer in Room 441, James Foley U.S. Courthouse, 445 Broadway, Albany. The Civil Case Management Plan shall be e-filed on or before June 20, 2012. (lah, ) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Mae A. D'Agostino and Magistrate Judge David R. Homer for all further proceedings. Senior Judge Thomas J. McAvoy and US Magistrate Judge Andrew T. Baxter no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 12/29/2011. (mab)
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| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/19/2012 at 3:00 PM in Syracuse, NY before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan due by 6/5/2012. (mab) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: # 1 Summons Issued as to Andrew M. Cuomo, # 2 Summons Issued as to New York State Civil Service Department, # 3 Summons Issued as to Patricia A. Hite, # 4 Summons Issued as to New York State Civil Service Commission, # 5 Summons Issued as to Caroline W. Ahl, # 6 Summons Issued as to J. Dennis Hanrahan, # 7 Summons Issued as to Robert L. Megna, # 8 Summons Issued as to Thomas P. DiNapoli, # 9 Summons Issued as to New York State and Local Retirement System, # 10 Summons Issued as to New York State Police and Fire Retirement System). (mab) |
| Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/documents/GO12_withfillablenoticemtd.pdf (mab) |
| TEXT NOTICE: Pursuant to the # 4 Order Reassigning Case, counsel is no longer required to file the Notice of Related Case as previously directed in this matter. (mab) |
| Filing 1 COMPLAINT against The State of New York, Andrew M. Cuomo, New York State Department of Civil Service, Patricia A. Hite, New York State Civil Service Commission, Caroline W. Ahl, J. Dennis Hanrahan, Robert L. Megna, Thomas P. DiNapoli, New York State and Local Retirement System and New York State Police and Fire Retirement System (Filing fee $350 receipt number 2056016) filed by The New York State Police Investigators Association, Local 4 IUPA, AFL-CIO, Joseph Barrett, Timothy Mulvey, James O'Connor, Lawrence Shewark, Patricia Hynes and Paula Olsen. (Attachments: # 1 Civil Cover Sheet). (mab) |
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