Police Benevolent Association of New York State, Inc. et al v. The State of New York et al
Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler and Police Benevolent Association of New York State, Inc |
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 |
1:2011cv01528 |
December 28, 2011 |
U.S. District Court for the Northern District of New York |
Albany Office |
Albany |
Mae A D'Agostino |
Christian F Hummel |
Constitutional - State Statute |
42 U.S.C. § 1983 Civil Rights Act |
None |
Docket Report
This docket was last retrieved on September 24, 2018. A more recent docket listing may be available from PACER.
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Filing 48 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 36 Motion for Judgment on the Pleadings; Approving in part Report and Rejecting in part Recommendations re # 41 Report and Recommendations. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/15. (ban) |
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Filing 46 CERTIFICATE OF SERVICE by Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler re # 45 Letter Motion from Richard C. Reilly, Esq. for Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler requesting clarification of motion filing timeframe s (Reilly, Richard) |
Filing 45 Letter Motion from Richard C. Reilly, Esq. for Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler requesting clarification of motion filing timeframe submitted to Judge Hummel . (Reilly, Richard) |
CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the docket text in the # 44 docket entry to reflect that the filing is an Objection and not an Appeal of Magistrate Judge's Decision. The Clerk also removed the Motion hearing, Response, and Reply deadlines. No responses to be filed. (ban) |
Filing 44 OBJECTIONS TO REPORT-RECOMMENDATION by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna re # 41 REPORT AND RECOMMENDATIONS re # 36 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 Motion Hearing set for 9/16/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/2/2014 (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Certificate of Service)(Engel, Justin) Modified on 8/12/2014 to correct document name(lah). |
Filing 43 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 42 NOTICE of Appearance by Helena Lynch on behalf of All Defendants (Lynch, Helena) |
Filing 41 REPORT AND RECOMMENDATION re # 36 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. RECOMMENDED that defendants' motion for judgment on the pleadings (Dkt. No. 36) be DENIED. Objections to R&R due by 8/11/2014 Case Review Deadline 8/15/2014. Signed by Magistrate Judge Christian F. Hummel on 7/25/2014. (lah) |
Filing 40 REPLY to Response to Motion re # 36 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 39 CERTIFICATE OF SERVICE by Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler re # 37 Affidavit in Opposition to Motion, (Reilly, Richard) |
Filing 38 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' # 36 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 37 AFFIDAVIT in Opposition re # 36 MOTION for Judgment on the Pleadings filed by Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler. (Attachments: # 1 Memorandum of Law in opposition of motion)(Reilly, Richard) |
Filing 36 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 Declaration of service) (Sprague, Laura) |
Filing 35 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) |
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel (FTR Recorded: 10:30-11:00): Appearances: Richard Reilly, 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. Mid-Discovery Status Conference set for 3/21/14 is marked off. Written order to follow. (Court Reporter Lisa Tennyson)(aaf, ) |
Filing 33 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 31 Letter Motion from Richard C. Reilly, Esq. for James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler requesting pre-motion conference submitted to Judge Hummel . (Reilly, Richard) |
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TEXT NOTICE: Mid-Discovery Status Conference set for 3/21/2014 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, ) |
Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on 10/18/2013. Appearances: Richard Reilly, Esq., Charles Quakenbush, AAG. Deadlines set for the progression of the case. An in-person Mid-Discovery Status Conference is set for 3/21/2014 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, ) |
Filing 29 CIVIL CASE MANAGEMENT PLAN by Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler. (Reilly, Richard) |
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Filing 25 MEMORANDUM-DECISION AND ORDER denying # 20 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 # 20 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Defendants. (Quackenbush, Charles) |
Filing 23 CERTIFICATE OF SERVICE by Police Benevolent Association of New York State, Inc. re # 22 Response in Opposition to Motion, (Reilly, Richard) |
Filing 22 RESPONSE in Opposition re # 20 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. Memorandum of Law in Opposition to Defendants' Motion for Reconsideration filed by Police Benevolent Association of New York State, Inc.. (Attachments: # 1 Appendix of Cases)(Reilly, Richard) |
Filing 21 Letter Motion from Mark T. Walsh, Esq. on behalf of Richard C. Reilly, Esq. for Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler requesting extension of time to submit papers in opposition to defendants' motion for reconsideration submitted to Judge D'Agostino . (Reilly, Richard) |
Reset Deadlines as to # 20 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) |
TEXT ORDER granting # 21 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) |
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 20 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) |
Filing 19 ANSWER to # 1 Complaint,, by Defendants.(Quackenbush, Charles) |
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Filing 18 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 17 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 12/3/2012. (ban) |
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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 15 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) |
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) |
Re-Set Civil Case Management Plan deadline: due by 6/20/2012. (sg ) |
Filing 13 MEMORANDUM OF LAW re # 10 Motion to Dismiss/Lack of Subject Matter Jurisdiction,,, filed by Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler. (Reilly, Richard) |
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) |
Filing 11 Letter Motion from plaintiffs for Frank R. Delles, James McCartney, Police Benevolent Association of New York State, Inc., Thomas D. Smith, Manuel M. Vilar, Penelope Wheeler requesting extension to file opposition to defendants' motion to dismiss, and extension of return date submitted to Judge D'Agostino . (Reilly, Richard) |
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. The Motion Hearing is set for 5/15/2012 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. (ban) |
TEXT ORDER granting # 11 Letter Request as to 11-cv-1528: The motion to dismiss is returnable 5/15/12, with the response due 4/18/12, reply due 4/25/12. Signed by U.S. District Judge Mae A. D'Agostino on 3/2/12. (ban) |
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 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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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 Penelope Wheeler, Thomas D. Smith, Police Benevolent Association of New York State, Inc., Manuel M. Vilar, Frank R. Delles, James McCartney. 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, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(Reilly, Richard) |
Filing 5 SUMMONS Returned Executed by Penelope Wheeler, Thomas D. Smith, Police Benevolent Association of New York State, Inc., Manuel M. Vilar, Frank R. Delles, James McCartney. 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, # 2 Affidavit)(Reilly, Richard) |
TEXT NOTICE. The Initial Rule 16 Conference previously set for 5/2/2012 at 10:00 AM with Magistrate Judge Treece 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 3 Summons Issued as to 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. (Attachments: # 1 Summons Issued as to Andrew M. Cuomo, # 2 Summons Issued as to NYS Civil Service Dept., # 3 Summons Issued as to Patricia A. Hite, # 4 Summons Issued as to NYS Civil Service Commission, # 5 Summons Issued as to Carol 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)(mgh) |
Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/2/2012 10:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 4/18/2012. (mgh) |
Filing 1 COMPLAINT against 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 (Filing fee $350 receipt number 2056021) filed by Penelope Wheeler, Thomas D. Smith, Police Benevolent Association of New York State, Inc., Manuel M. Vilar, Frank R. Delles, James McCartney. (Attachments: # 1 Civil Cover Sheet)(mgh) Modified on 11/11/12 to correct the spelling of plaintiff McCartney's last name. |
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