National Rifle Association of America v. Cuomo et al
Plaintiff: National Rifle Association of America
Defendant: Maria T. Vullo, Andrew Cuomo and The New York State Department of Financial Services
Amicus Curiae: Texas Public Policy Foundation and American Civil Liberties Union Foundation
Special Master: Benjamin W. Hill
Case Number: 1:2018cv00566
Filed: May 11, 2018
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Albany
Presiding Judge: Christian F Hummel
Referring Judge: Lawrence E Kahn
2 Judge: Thomas J McAvoy
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2020 Opinion or Order Filing 197 ORDER granting #163 Motion to file certain documents under Seal by Maria T. Vullo. Signed by Magistrate Judge Christian F. Hummel on 4/22/2020. (tab) Modified on 4/22/2020: Sealed documents received in chambers on 1/29/2020 (tab).
April 22, 2020 Opinion or Order Filing 196 ORDER granting #153 Motion to File certain documents under Seal by National Rifle Association of America. Signed by Magistrate Judge Christian F. Hummel on 4/22/2020. (tab) Modified on 4/22/2020: Sealed documents received in chambers on 12/20/2019 (tab).
April 13, 2020 Opinion or Order Filing 195 TEXT ORDER: The Special Master has submitted to the Court his second billing statement. The Court will provide the billing statement to the parties. The Special Masters billing is to be split equally between plaintiff and defendants. The parties will have ten days from the issuing date of this text order to file with the Court, for in camera review, objections to the Special Masters billing statement, along with any argument as to whether the billing statement need be released to the public docket. Submissions are to be limited to five pages in length. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 4/13/2020. (tab)
April 13, 2020 Opinion or Order Filing 194 TEXT ORDER granting #191 Letter Request from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting Extension of Time to File Motion for Reconsideration until 4/28/2020. Authorized by Magistrate Judge Christian F. Hummel on 4/13/2020. (tab)
April 10, 2020 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 4/10/2020. Appearances by Sarah Rogers, Esq. and Bill Brewer, Esq. for Plaintiff; Debra Greenberger, Esq. and Andrew Celli, Esq. for Defendant Vullo; AAG Bill Scott and AAG Ryan Abel for Gov. Cuomo remaining defendants. The Court addresses Defendant's request for a 2 week extension of time to consider whether a Motion for reconsideration of Judge McAvoy's Order is appropriate. Plaintiff's do not object to the extension but would like Defendants to begin the process of ascertaining the scope of these documents. The Court grants the request, Dkt. no. 191, but directs defendants to begin efforts to ascertain the scope of the newly ordered documents. The Court advises parties of the status of the Special Master's progress. (Court Reporter Jacqueline Stroffolino) (tab)
April 10, 2020 Opinion or Order Filing 193 TRANSCRIPT of Proceedings: Conference held on March 5, 2020 before Judge Christian F. Hummel, Court Reporter: Theresa J. Casal, Telephone number: 518-257-1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020. Notice of Intent to Redact due by 4/15/2020 (tjc, )
April 9, 2020 Opinion or Order Filing 192 RESPONSE TO LETTER BRIEF filed by National Rifle Association of America as to #191 Letter Request/Motion filed by The New York State Department of Financial Services, Andrew Cuomo . (Rogers, Sarah)
April 9, 2020 Opinion or Order Filing 191 Letter Motion from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting Extension of Time to File Motion for Reconsideration submitted to Judge McAvoy . (Scott, William)
April 2, 2020 Opinion or Order Filing 190 COURT NOTICE of Hearing: A Telephone Conference has been set for Friday, 4/10/2020 @ 11:00 AM before Magistrate Judge Christian F. Hummel. Dial in instructions for this conference will be provided, under separate entry, on the case docket.(tab)
March 31, 2020 Opinion or Order Filing 189 Letter Motion from John Canoni for National Rifle Association of America requesting Renewing Hague Discovery Motion submitted to Judge Christian F. Hummel . (Canoni, John)
March 31, 2020 Opinion or Order Filing 188 DECISION & ORDER - Plaintiff's #130 Appeal of Magistrate Judge Hummel's discovery determinations, Dkt. No. 121, is GRANTED. Documents should be produced to Magistrate Judge Hummel for in camera review in accordance with this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 3/31/2020. (jel, )
March 19, 2020 Opinion or Order Filing 187 REPLY to Response to Motion re #176 MOTION for Preliminary Injunction Reply Memorandum of Law filed by National Rifle Association of America. (Attachments: #1 Declaration Sarah Rogers)(Brewer, William)
March 18, 2020 Opinion or Order Filing 186 TEXT ORDER granting in part the #185 Letter Request for an extension of time to file Reply papers. Reply papers shall be filed by 2:00pm on 3/19/2020. The #176 MOTION for Preliminary Injunction is adjourned to the Court's 6/8/2020 motion calendar. The Court will revisit the request for oral argument closer to the 6/8/2020 return date. Authorized by Senior Judge Thomas J. McAvoy on 3/18/2020. (amt)
March 18, 2020 Opinion or Order Reset Motion Deadlines: Pltf's #176 MOTION for Preliminary Injunction is adjourned to Judge McAvoy's 6/8/20 Motion Calendar. Reply to Response to Motion is due by 3/19/2020 at 2:00 PM. This motion will be on submit basis unless otherwise directed by the Court. [This entry is to set the motion deadlines in the system.](sfp, )
March 17, 2020 Opinion or Order Filing 185 Letter Motion from William A. Brewer III for National Rifle Association of America requesting Hearing on OSC submitted to Judge Thomas J. McAvoy . (Brewer, William)
March 16, 2020 Opinion or Order Filing 184 TEXT ORDER: The Court will consider the #176 motion without oral argument. Plaintiff is granted leave to file a reply memorandum of law not to exceed ten (10) pages that must be filed by 2:00pm on March 18, 2020. Authorized by Senior Judge Thomas J. McAvoy on 3/16/2020. (amt)
March 11, 2020 Opinion or Order Filing 183 RESPONSE in Opposition re #176 MOTION for Preliminary Injunction filed by Andrew Cuomo, The New York State Department of Financial Services. (Attachments: #1 Declaration of Hadas Jacobi)(Scott, William)
March 10, 2020 Opinion or Order Filing 182 TRANSCRIPT REQUEST by Maria T. Vullo for proceedings held on 3/5/2020 before Judge - Magistrate Judge Christian F. Hummel.. (Greenberger, Debra)
March 6, 2020 Opinion or Order Filing 181 MEMORANDUM-DECISION AND ORDER denying #129 Plaintiff's Motion for Issuance of Letters Rogatory without prejudice to renew under the circumstances specifically set forth herein. Signed by Magistrate Judge Christian F. Hummel on 3/6/2020. (tab)
March 5, 2020 Opinion or Order Filing 180 TEXT ORDER: Relative to Plaintiffs motion for a preliminary injunction [Doc. # 176], Plaintiff is directed to deliver to the United States District Court Clerk's Office in Albany, NY, by 1:00 PM on March 9, 2020, chamber's copies of its memorandum of law, declarations, exhibits, and other documents filed in connection with the motion. These documents must be contained in three-ring binders (or otherwise bound), and must be tabbed & identified in a manner that will assist the Court's review of the material. In addition, Plaintiff is directed to provide the Court with a DVD containing, in Microsoft Word, Wordperfect, or pdf format, copies of its memorandum of law, declarations, and expert witness reports (including rebuttal expert witness report) filed relative to the motion. Authorized by Senior Judge Thomas J. McAvoy on 3/5/20. (sfp, )
March 5, 2020 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 3/5/2020. Appearances by John C. Canoni, Esq. for plaintiff; AAG William Scott for State Defts.; Andrew G. Celli, Jr., Esq. and Debra L. Greenberger, Esq. for Deft Vullo. Counsel are heard on the issue of taking Deft Vullo's deposition early on in discovery. Parties' positions are clearly stated and memorialized on the record during the conference. The Court allows the taking of Deft Vullos deposition at this time, but advises counsel that any attempt to take a further deposition of Deft Vullo would require a formal motion before the Court. Plaintiff inquires about extending of deadlines while the various motions are pending. The Court directs plaintiff file a letter request with the Court and deadlines can be extended accordingly. (Court Reporter Theresa Casal) (tab)
March 2, 2020 Opinion or Order Filing 179 TEXT ORDER with attached Invoice of Special Master: The Court is in receipt of a fee request from the Special Master. See Dkt. No. 168. Having received no objection from either party, the Special Masters fee request is approved. The parties have thirty days to remit payment to the Special Master. The payment to be split equally between plaintiff and defendant 50% to be paid by plaintiff, and 50% to be paid by defendants. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 3/2/2020. (tab)
February 28, 2020 Opinion or Order Filing 178 ORDER Setting Show Cause Hearing re: #176 MOTION for Preliminary Injunction: Show Cause Hearing set for 3/23/2020 at 01:30 PM in Albany before Senior Judge Thomas J. McAvoy. Response to Motion due by 4:00pm on 3/11/2020. Signed by Senior Judge Thomas J. McAvoy on 2/28/2020. (amt)
February 28, 2020 Opinion or Order Filing 177 Letter Motion from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting That the Court Decline to Entertain the Plaintiff's Order to Show Cause submitted to Judge Hummel . (Attachments: #1 Exhibit(s) Notice of Charges)(Scott, William)
February 28, 2020 Opinion or Order Filing 176 MOTION for Preliminary Injunction by National Rifle Association of America. (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Declaration Rogers Declaration, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J, #13 Exhibit(s) K, #14 Exhibit(s) L, #15 Exhibit(s) M, #16 Exhibit(s) N, #17 Exhibit(s) O, #18 Exhibit(s) P, #19 Exhibit(s) Q, #20 Exhibit(s) R, #21 Exhibit(s) S, #22 Exhibit(s) T, #23 Exhibit(s) U, #24 Declaration Miller Declaration, #25 Exhibit(s) A, #26 Declaration Cashin Declaration)(Rogers, Sarah)
February 26, 2020 Opinion or Order Filing 175 TEXT ORDER granting #171 Letter Request by Maria T. Vullo requesting a pre-motion conference: A Discovery Conference has been set for Thursday, 3/5/2020 @ 1:30 PM in Albany before Magistrate Judge Christian F. Hummel. Counsel are permitted to appear by telephone for this conference. Personal appearances is always permitted. For Counsel opting to participate by telephone dial-in instructions will post under a separate notice on the docket. Authorized by Magistrate Judge Christian F. Hummel on 2/26/2020. (tab)
February 25, 2020 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: Attorney Debra Greenberger inadvertently referred the #171 Pre-Motion Letter Request to Judge D'Agostino who is not assigned to this case. Clerk corrected the docket text to reflect that the request was referred to Judge Hummel. (pjh)
February 24, 2020 Opinion or Order Filing 174 Response to ECF #171 Letter Motion from John Canoni for National Rifle Association of America requesting Response to February 21, 2020 Letter submitted to Judge Christian F. Hummel . (Canoni, John)
February 24, 2020 Opinion or Order Filing 173 TEXT ORDER granting #172 Letter Request from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting Extension of time to comply with Court's Order [Dkt. 167]. Deadline to comply is reset to 3/3/2020. Authorized by Magistrate Judge Christian F. Hummel on 2/24/2020. (tab)
February 24, 2020 Opinion or Order Filing 172 Letter Motion from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting Extension of time to comply with Court's Order [Dkt. 167] submitted to Judge Hummel . (Scott, William)
February 21, 2020 Opinion or Order Filing 171 Pre-Motion Letter by Maria T. Vullo requesting a pre-motion conference submitted to Judge Christian F. Hummel. (Greenberger, Debra) Modified on 2/25/2020 to reflect that this Letter is being submitted to Judge Hummel not Judge D'Agostino (pjh).
February 18, 2020 Opinion or Order Filing 170 MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Plaintiff's #100 Motion to Compel is DENIED; and it is further ORDERED, that the Clerk of the Court serve this Memorandum-Decision & Order on parties in accordance with Local Rules. Signed by Magistrate Judge Christian F. Hummel on 2/18/2020. (pjh)
February 14, 2020 Opinion or Order Filing 169 REPLY to Response to Motion re #155 MOTION for Leave to File Memorandum of Law in Support of the National Rifle Association of America's Motion for Leave to File Second Amended Complaint and Jury Demand filed by National Rifle Association of America. (Brewer, William)
February 13, 2020 Opinion or Order Filing 168 TEXT ORDER: The Special Master has submitted to the Court his first billing statement. The Court will provide the billing statement to the parties. The Special Masters billing is to be split equally between plaintiff and defendants. The parties will have ten days from the issuing date of this text order to file with the Court, for in camera review, objections to the Special Masters billing statement, along with any argument as to whether the billing statement need be released to the public docket. Submissions are to be limited to five pages in length. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 2/13/2020. (tab)
February 4, 2020 Opinion or Order Filing 167 ORDER: It is hereby ORDERED, that within seven (7) days of the filing date of this Order, defendants are to provide to the Court for in camera review either a supplement to the Executive Chambers documents which includes bate-stamped documents Chambers 0000601-0000764 that were not included in the USB drive provided to the Court or an explanation as to why these documents were omitted; and it is further ORDERED, that within twenty-one (21) days of the filing date of this Order, defendants are to provide for in camera review the remainder of the information requested herein. Signed by Magistrate Judge Christian F. Hummel on 2/4/2020. (pjh)
February 4, 2020 Opinion or Order Filing 166 TEXT ORDER granting #165 Motion for Extension of Time to File Response/Reply re #155 MOTION for Leave to File Second Amended Complaint and Jury Demand. Plaintiff's Reply to Response to Motion due by 2/14/2020. Authorized by Magistrate Judge Christian F. Hummel on 2/4/2020. (tab)
February 4, 2020 Opinion or Order Filing 165 MOTION for Extension of Time to File Response/Reply as to #155 MOTION for Leave to File Memorandum of Law in Support of the National Rifle Association of America's Motion for Leave to File Second Amended Complaint and Jury Demand filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Canoni, John)
January 27, 2020 Opinion or Order Filing 164 RESPONSE in Opposition re #155 MOTION for Leave to File Memorandum of Law in Support of the National Rifle Association of America's Motion for Leave to File Second Amended Complaint and Jury Demand filed by Maria T. Vullo. (Attachments: #1 Declaration of Debra L. Greenberger, #2 Exhibit(s) 1 - Transcript of Proceedings Before the Honorable Christian F. Hummel Held on December 4, 2019, #3 Exhibit(s) 2 - Plaintiff National Rifle Association of America's Objections to Defendant Maria T. Vullo's First Set of Interrogatories, dated January 6, 2020)(Greenberger, Debra)
January 27, 2020 Opinion or Order Filing 163 MOTION to File Opposition Under Seal filed by Maria T. Vullo. (Attachments: #1 Exhibit(s) A - Redacted Pages, #2 Proposed Order/Judgment - Proposed Order on Defendant Maria T. Vullo's Motion to File Opposition Under Seal) Motions referred to Christian F. Hummel. (Greenberger, Debra)
January 27, 2020 Opinion or Order Filing 162 RESPONSE in Opposition re #155 MOTION for Leave to File Memorandum of Law in Support of the National Rifle Association of America's Motion for Leave to File Second Amended Complaint and Jury Demand filed by Andrew Cuomo, The New York State Department of Financial Services. (Attachments: #1 Exhibit(s) A: Transcript of Proceedings, #2 Exhibit(s) B: Plaintiff's Interrogatories)(Scott, William)
January 21, 2020 Opinion or Order Filing 161 TEXT ORDER : On December 17, 2019, plaintiff filed a letter motion seeking to confer with the Special Master and submit short briefings and make arguments on determinative issues, so that the Special Master can make informed decisions in his report and recommendation to your Honor. Dkt. No. #150 Letter Request. Defendants opposed that request. Dkt. No. 160. Plaintiffs request insofar as it seeks to communicate with the Special Master and/or submit additional briefing, is DENIED with leave to renew should the Special Master inform the Court that communication and/or briefing on one or more issues would be of benefit to him during his review. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 1/21/2020. (tab)
January 14, 2020 Opinion or Order Filing 160 RESPONSE TO LETTER BRIEF filed by Andrew Cuomo, The New York State Department of Financial Services as to #150 Letter Request/Motion filed by National Rifle Association of America . (Scott, William)
January 13, 2020 Opinion or Order Filing 159 TEXT ORDER granting #158 Motion for Extension of Time to File Defendants' Opposition to Plaintiff's Motion to Amend from January 20, 2020 to January 27, 2020 filed by Maria T. Vullo. Authorized by Magistrate Judge Christian F. Hummel on 1/13/2020. (tab)
January 13, 2020 Opinion or Order Filing 158 MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Motion to Amend from January 20, 2020 to January 27, 2020 filed by Maria T. Vullo. Motions referred to Christian F. Hummel. (Greenberger, Debra)
January 6, 2020 Opinion or Order Filing 157 TEXT ORDER re #150 Letter Motion from John Canoni for National Rifle Association of America requesting Special Master Suggestion submitted to Judge Christian F. Hummel filed by National Rifle Association of America. Defendants are directed to file a response to Dkt. No. 150 within seven days of this Order and no more than three pages. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 1/6/2020. (response due by 1/14/2020)(tab)
January 6, 2020 Opinion or Order Filing 156 DECISION AND ORDER: It is hereby ORDERED, that defendants' #95 Motion for Reconsideration is DENIED. Signed by Magistrate Judge Christian F. Hummel on 1/6/2020. (pjh)
December 20, 2019 Opinion or Order Filing 155 MOTION for Leave to File Memorandum of Law in Support of the National Rifle Association of America's Motion for Leave to File Second Amended Complaint and Jury Demand filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Brewer, William)
December 20, 2019 Opinion or Order Filing 154 NOTICE by National Rifle Association of America Notice of motion by Plaintiff for Leave to File Second Amended Complaint and Jury Demand (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) 2)(Brewer, William) Modified on 12/23/2019 (tab).
December 20, 2019 Opinion or Order Filing 153 MOTION to File Documents Under Seal filed by National Rifle Association of America. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Proposed Order/Judgment Proposed Order) Motions referred to Christian F. Hummel. (Brewer, William)
December 20, 2019 Opinion or Order Filing 152 TRANSCRIPT REQUEST Pre-Motion Conference by National Rifle Association of America for proceedings held on 12/04/2019 before Judge Christian F. Hummel.. (Canoni, John)
December 18, 2019 Opinion or Order Filing 151 TRANSCRIPT of Proceedings: Pre-Motion Conference held on December 4, 2019, before Judge Christian F. Hummel, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/17/2020. Notice of Intent to Redact due by 12/23/2019 (lt, )
December 17, 2019 Opinion or Order Filing 150 Letter Motion from John Canoni for National Rifle Association of America requesting Special Master Suggestion submitted to Judge Christian F. Hummel . (Canoni, John)
December 6, 2019 Opinion or Order Filing 149 TRANSCRIPT REQUEST by Maria T. Vullo for proceedings held on 12/4/2019 before Judge - Magistrate Judge Christian F. Hummel.. (Greenberger, Debra)
December 4, 2019 Opinion or Order Filing 148 TEXT ORDER setting briefing schedule for Plaintiff's Motion to Amend: Motion to be filed by 12/20/2019; Response to Motion to be filed by 1/20/2020; any reply to response to Motion to be filed by 1/27/2020. The Motion will be noticed before Magistrate Judge Hummel and will be taken on submit unless or until, otherwise directed. Authorized by Magistrate Judge Christian F. Hummel on 12/4/2019. (tab)
December 4, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Pre-Motion Conference held on 12/4/2019. Appearances by John Canoni, Esq. for plaintiff (assisted by Brittany Cisco, Esq.) AAG William Scott on behalf of NYS Defendants/Cuomo; Debra Greenberger, Esq. for Defendant Vullo. Arguments are heard by all parties regarding Plaintiff's request to file a Motion to Amend the Complaint. The Court grants Plaintiff's request to file a Motion to Amend. Motion is to be filed by 12/20/2019; Responses to be filed by 1/20/2020 and any Reply to be filed by 1/27/2020. Parties are to file a letter to the Court regarding their positions with working with the Special Master for the Court to consider and address. (Court Reporter Lisa Tennyson) (tab)
November 26, 2019 Opinion or Order Filing 147 RESPONSE TO LETTER BRIEF filed by Maria T. Vullo as to #145 LETTER BRIEF filed by National Rifle Association of America . (Greenberger, Debra)
November 26, 2019 Opinion or Order Filing 146 RESPONSE TO LETTER BRIEF filed by Andrew Cuomo, The New York State Department of Financial Services as to #145 LETTER BRIEF filed by National Rifle Association of America . (Attachments: #1 Exhibit(s) NRA/Lloyd's Agreement)(Scott, William)
November 25, 2019 Opinion or Order Filing 145 LETTER BRIEF per Judge Hummel's direction of 11-25-19 by National Rifle Association of America. (Rogers, Sarah)
November 25, 2019 Opinion or Order Filing 144 COURT NOTICE of Hearing: An in-person, Pre-Motion Argument Hearing has been set for 12/4/2019 @ 1:00 PM in Albany before Magistrate Judge Christian F. Hummel. (tab)
November 25, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephonic Pre-Motion Conference held on 11/25/2019. Appearances by Sarah Rogers, Esq. and John Canoni, Esq. for plaintiff; AAG William Scott and AAG Ryan Abel, for Defendant NYS. Debra Greenberger, Esq. for Defendant Vullo. Plaintiff's request to file a motion to amend the complaint is briefly discussed. The Court directs an in-person hearing be held and schedules the hearing for 12/4/2019 @ 1:00 pm in Albany. The Court also directs parties to file letter briefs by 5pm today (plaintiff) and a response by 5pm tomorrow (Defendants). (Court Reporter Theresa Casal) (tab)
November 18, 2019 Opinion or Order Filing 143 TEXT ORDER granting #142 Letter Request from John Canoni for National Rifle Association of America requesting Conference Request to Discuss NRA Motion for Leave to Amend its Complaint to Replead its Selective Enforcement Claim. A Pre-Motion Filing Conference set for Monday, 11/25/2019 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel are permitted to appear by telephone or in person. For counsel opting to appear by telephone, dial-in instructions will be issued under separate notice. Authorized by Magistrate Judge Christian F. Hummel on 11/18/2019. (tab)
November 15, 2019 Opinion or Order Filing 142 Letter Motion from John Canoni for National Rifle Association of America requesting Conference Request to Discuss NRA Motion for Leave to Amend its Complaint to Replead its Selective Enforcement Claim submitted to Judge Hummel . (Canoni, John)
November 13, 2019 Opinion or Order Filing 141 ORDER APPOINTING Special Master. Benjamin W. Hill, Esq. appointed. Signed by Magistrate Judge Christian F. Hummel on 11/13/2019. (tab)
November 13, 2019 Opinion or Order Filing 140 AFFIDAVIT OF BENJAMIN W. HILL (tab)
October 22, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 10/22/2019. Appearances by telephone by: John C. Canoni, Esq. for plaintiff; AAG William Scott, on behalf of State defendants; Debra L. Greenberger, Esq. for Maria T. Vullo. The Court inquires about any additional progress made toward agreeing on a Special Master. All parties advise that they will defer to the Court to select a Special Master. Parties will be informed by the Court once a Special Master has been selected and how the process will proceed. (Court Reporter Jacqueline Stroffolino) (tab)
October 18, 2019 Opinion or Order Filing 139 COURT NOTICE of Teleconference: A Telephone Conference has been set for Tuesday, 10/22/2019 @ 10:00 AM before Magistrate Judge Christian F. Hummel. Dial-In instructions will be provided to counsel under separate notice.(tab)
October 2, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 10/2/2019. Appearances by Sarah Rogers, Esq. and John C. Canoni, Esq. for plaintiff; AAG William Scott, on behalf of State defendants; Debra L. Greenberger, Esq. for Maria T. Vullo. The Court advises counsel of it's intention to appoint a Special Master to review all of the in camera submissions. The Court hears from each party as to their position on the Special Master appointment. Counsel are directed to meet and confer and by 10/11/2019, make in-camera submissions of potential Special Master names, indicating whether or not any one person is a agreed to by all parties, or if not, a list of names for the Court to consider. (Court Reporter Theresa Casal) (tab)
September 27, 2019 Opinion or Order Filing 138 TEXT ORDER: The parties are directed to appear for a telephone conference on Wednesday, 10/2/2019 at 9:30 AM before Magistrate Judge Christian F. Hummel. Due to the voluminous nature of the documents disclosed for in camera review, the Court is considering the appointment of a special master to assist the Court with reviewing the in camera disclosures. Pursuant to Fed. R. Civ. P. 53(b)(1), the parties are being provided with notice and an opportunity to be heard. As is also required under Rule 53, parties will be permitted an opportunity to suggest candidates for appointment. The Court will provide dial-in instructions for those parties who wish to appear by phone. Authorized by Magistrate Judge Christian F. Hummel on 9/27/2019. (tab)
September 20, 2019 Opinion or Order Filing 137 STATUS REPORT re Material for Court's In Camera Review by Andrew Cuomo, The New York State Department of Financial Services. (Scott, William)
September 16, 2019 Opinion or Order Filing 136 REPLY to Response to Motion re #129 MOTION for Issuance of Letters Rogatory /Issuance of Letters of Request filed by National Rifle Association of America. (Canoni, John)
September 11, 2019 Opinion or Order Filing 135 ORDER granting #132 Motion to Withdraw as Attorneys. Attorney Nicole Frazer Reaves; Michael W. Kirk; Harold S. Reeves; Jose Joel Alicea and Charles J. Cooper terminated. Signed by Magistrate Judge Christian F. Hummel on 9/11/2019. (tab)
September 10, 2019 Opinion or Order Filing 134 RESPONSE in Opposition re #130 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by National Rifle Association of America re #121 Order on Motion to Compel,,,,, Order on Motion for Protective Order,,,, filed by Andrew Cuomo, The New York State Department of Financial Services. (Scott, William)
September 9, 2019 Opinion or Order Filing 133 RESPONSE in Opposition re #129 MOTION for Issuance of Letters Rogatory /Issuance of Letters of Request filed by Andrew Cuomo, The New York State Department of Financial Services. (Scott, William)
September 5, 2019 Opinion or Order TEXT NOTICE to parties advising that Plaintiff's #130 APPEAL OF MAGISTRATE JUDGE #121 DECISION that is on Judge McAvoy's 9/27/19 Motion Calendar is on submit basis. Appearances are not required.(sfp, )
August 28, 2019 Opinion or Order Filing 132 MOTION to Withdraw as Attorney filed by National Rifle Association of America. (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Cooper, Charles)
August 27, 2019 Opinion or Order Filing 131 TRANSCRIPT of Proceedings: Oral Argument held on April 12, 2019 before Judge Christian F. Hummel, Court Reporter: Theresa J. Casal, Telephone number: 518-257-1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. Notice of Intent to Redact due by 9/3/2019 (tjc, )
August 23, 2019 Opinion or Order Filing 130 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by National Rifle Association of America re #121 Order on Motion to Compel,,,,, Order on Motion for Protective Order,,,, Motion Hearing set for 9/27/2019 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 9/10/2019 (Attachments: #1 Memorandum of Law In Support of Plaintiff's Objections to Magistrate Judge's Ruling on Motion to Compel, #2 Declaration Declaration of John C. Canoni In Support of Plaintiff's Objections to Magistrate Judge's Ruling on Motion to Compel, #3 Exhibit(s) A- NRA's First Requests For Production to Defendant Maria T. Vullo, #4 Exhibit(s) B- NRA's First Requests for Production to Defendant Andrew Cuomo, #5 Exhibit(s) C- NRA's First Requests for Production to Defendant New York Department of Financial Services, #6 Proposed Order/Judgment Proposed Order- Plaintiff's Objections to Magistrate Judge's Ruling on Motion to Compel)(Canoni, John)
August 23, 2019 Opinion or Order Filing 129 MOTION for Issuance of Letters Rogatory /Issuance of Letters of Request filed by National Rifle Association of America. (Attachments: #1 Memorandum of Law Memorandum of Law In Support of Motion for Letters of Request, #2 Declaration Declaration of John C. Canoni In Support of Motion for Letters of Request, #3 Exhibit(s) Exhibit A- Request for International Judicial Assistance- Corporation of Lloyd's, #4 Exhibit(s) Exhibit B- Request for International Judicial Assistance- AmTrust Syndicates Limited, #5 Exhibit(s) Exhibit C- Request for International Judicial Assistance- Argo Managing Agency Limited, #6 Exhibit(s) Exhibit D- Request for International Judicial Assistance- Atrium Underwriters Limited, #7 Exhibit(s) Exhibit E- Request for International Judicial Assistance- Brit Syndicates Limited, #8 Exhibit(s) Exhibit F- Request for International Judicial Assistance- Canopius Managing Agents, #9 Exhibit(s) Exhibit G- Request for International Judicial Assistance- Chaucer Syndicates Limited, #10 Exhibit(s) Exhibit H- Request for International Judicial Assistance- Liberty Managing Agency Limited, #11 Exhibit(s) Exhibit I- Request for International Judicial Assistance- S.A. Meacock & Company Limited, #12 Exhibit(s) Exhibit J- Tokio Marine Kiln Syndicates Limited, #13 Exhibit(s) Exhibit K- Request for International Judicial Assistance- Inga Beale, #14 Exhibit(s) Exhibit L- Request for International Judicial Assistance- Charles Franks, #15 Exhibit(s) Exhibit M- Request for International Judicial Assistance- Jon Hancock, #16 Exhibit(s) Exhibit N- Request for International Judicial Assistance- Mark Cloutier, #17 Proposed Order/Judgment Proposed Order- Motion for Letters of Request) (Canoni, John)
August 22, 2019 Opinion or Order Filing 128 AFFIDAVIT - Declaration of Maria T. Vullo Pursuant to Court Order Regarding Discovery by Maria T. Vullo. (Greenberger, Debra)
August 22, 2019 Opinion or Order Filing 127 STATUS REPORT with Declarations per Court's Order Regarding Discovery by Andrew Cuomo, The New York State Department of Financial Services. (Attachments: #1 Declaration of Tanisha Edwards, #2 Declaration of Kevin Bishop)(Scott, William)
August 22, 2019 Opinion or Order Filing 126 TEXT ORDER granting in part and denying in part #124 Letter Request from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting Extension of Time to Comply with Court's Order: Defendant is granted an extension until September 20th, 2019 to comply. [Denying #125 Responsive Letter Request from John Canoni for National Rifle Association of America. Authorized by Magistrate Judge Christian F. Hummel on 8/22/2019. (tab)
August 21, 2019 Opinion or Order Filing 125 Response Letter Motion from John Canoni for National Rifle Association of America requesting Response to August 21 Letter from William Scott submitted to Judge Hummel . (Canoni, John)
August 21, 2019 Opinion or Order Filing 124 Letter Motion from William A. Scott for Andrew Cuomo, The New York State Department of Financial Services requesting Extension of Time to Comply with Court's Order submitted to Judge Hummel . (Scott, William)
August 16, 2019 Opinion or Order Filing 123 TEXT ORDER setting a briefing schedule for Plaintiff's request/motion for the issuance of letters of request for international judicial assistance under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Plaintiff to file papers by 8/23/2019. Defendants are directed to respond by 9/9/2019. Any reply by Plaintiffs to be filed by 9/16/2019. Authorized by Magistrate Judge Christian F. Hummel on 8/16/2019. (tab)
August 15, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 8/15/2019 re Dkt. No. 119. Appearances by telephone: John Canoni, Esq. and Nicole Frazer Reaves, Esq. for Plaintiff; William Scott, AAG for Defendants, Debra Greenberger, Esq. for Vullo, Eamon Rock, Esq. for NYS DFS. Defendants advise the Court that they have no issue with Plaintiff's submitting the motion for the issuance of letters of request for international judicial assistance under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, but request an opportunity to file a response. The Court sets a briefing schedule for plaintiffs to file. A Text Order setting the briefing schedule to be issued. (Court Reporter FTR Recorded) (tab)
August 13, 2019 Opinion or Order Filing 122 NOTICE of Appearance by Nicole Frazer Reaves on behalf of National Rifle Association of America (Frazer Reaves, Nicole)
August 8, 2019 Opinion or Order Filing 121 MEMORANDUM-DECISION & ORDER denying #73 Motion to Compel; Pltf's request for sanctions is DENIED; denying without prejudice and with leave to renew, following the Court's in camera review, the #78 Motion for Protective Order; that, within 21 days from the filing date of this MDO, defts are to provide to the Court, a detailed privilege log, addressing any documents it seeks to withhold on the basis of any privilege, along with all documents responsive to the following categories of demands as (noted in 1-3 of the Order); that within 14 days from the filing date of this MDO, defts are to provide to the Court a signed affidavit indicating that they conducted a diligent search but do not possess responsive documents, or have already provided all responsive documents, for the following categories of material (as listed in the Order); and that, if the Court determines, following in camera review, that any supplemental briefing is required, the Court shall notify the parties and provide such opportunity for additional briefing on any claims raised within the Motion to Compel and Motion for Protective Order than have been dismissed without prejudice. Signed by Magistrate Judge Christian F. Hummel on 8/8/2019. (see)
August 7, 2019 Opinion or Order Filing 120 TEXT ORDER granting #119 Letter Request from John Canoni for National Rifle Association of America requesting Conference. A Telephone Conference has been set for Thursday, 8/15/2019 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 8/7/2019. (tab)
August 6, 2019 Opinion or Order Filing 119 Letter Motion from John Canoni for National Rifle Association of America requesting Conference Request re Motion for Letter of Request submitted to Judge Hummel . (Canoni, John)
August 1, 2019 Opinion or Order Filing 118 TEXT ORDER granting #117 Letter Request from John Canoni for National Rifle Association of America requesting Modification of Scheduling Order. The Discovery deadline is extended to 10/15/2019. The motion filing deadline will be reset after decisions on the pending motions are issued. Authorized by Magistrate Judge Christian F. Hummel on 8/1/2019. (tab)
July 30, 2019 Opinion or Order Filing 117 Letter Motion from John Canoni for National Rifle Association of America requesting Modification of Scheduling Order submitted to Judge Hummel . (Canoni, John)
July 30, 2019 Opinion or Order Filing 116 NOTICE of Appearance by John C. Canoni on behalf of National Rifle Association of America (Canoni, John)
June 26, 2019 Opinion or Order Filing 115 TRANSCRIPT REQUEST by National Rifle Association of America for proceedings held on 4/12/19 before Judge Hummel.. (Attachments: #1 Exhibit(s) AO435 Form)(Rogers, Sarah)
May 13, 2019 Opinion or Order Filing 114 MEMORANDUM OF LAW re #95 Motion for Reconsideration, Defendants' Reply Memorandum of Law In Further Support of Their Motion for Reconsideration filed by Maria T. Vullo. (Celli, Andrew)
May 10, 2019 Opinion or Order Filing 113 NOTICE of Appearance by Andrew G. Celli, Jr on behalf of Maria T. Vullo (Celli, Andrew)
May 10, 2019 Opinion or Order Filing 112 DECISION AND ORDER granting in part and denying in part, as stated within, Defendants' #63 Motion to Dismiss. Signed by Senior Judge Thomas J. McAvoy on 5/9/19. (sfp, )
May 9, 2019 Opinion or Order Filing 111 REPLY to Response to Motion re #100 MOTION to Compel Lloyd's Entities to Comply with Non-Party Subpoenas, or Alternatively, to Compel the DFS to Effectuate Service filed by National Rifle Association of America. (Rogers, Sarah)
May 6, 2019 Opinion or Order Filing 110 TEXT ORDER re #106 : Counsel for defendant Maria T. Vullo filed a letter request dated May 2, 2019, seeking an extension of time to file a reply to plaintiffs Motion for Reconsideration (dkt. no. 95). Dkt. No. 106. The letter request (dkt. no. 106) is GRANTED. Defendant Vullo has until May 13, 2019 to file a reply. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 5/6/19.
May 3, 2019 Opinion or Order Filing 109 RESPONSE in Opposition re #100 MOTION to Compel Lloyd's Entities to Comply with Non-Party Subpoenas, or Alternatively, to Compel the DFS to Effectuate Service filed by The New York State Department of Financial Services. (Attachments: #1 Attorney Affirmation)(Rock, Eamon)
May 3, 2019 Opinion or Order Filing 108 NOTICE by The New York State Department of Financial Services of Appearance by Nathaniel J. Dorfman on behalf of The New York State Department of Financial Services (Rock, Eamon)
May 3, 2019 Opinion or Order Filing 107 NOTICE of Appearance by Eamon G. Rock on behalf of The New York State Department of Financial Services (Rock, Eamon)
May 2, 2019 Opinion or Order Filing 106 Letter Motion from Debra L. Greenberger for Maria T. Vullo requesting Extension of Time to Reply In Further Support of Defendants' Motion for Reconsideration, from May 6, 2019 to May 13, 2019 submitted to Judge Hon. Christina F. Hummel . (Greenberger, Debra)
May 1, 2019 Opinion or Order Filing 105 NOTICE of Appearance by Elizabeth S. Saylor on behalf of Maria T. Vullo (Saylor, Elizabeth)
May 1, 2019 Opinion or Order Filing 104 NOTICE of Appearance by Debra L. Greenberger on behalf of Maria T. Vullo (Greenberger, Debra)
April 29, 2019 Opinion or Order Filing 103 RESPONSE in Opposition re #95 MOTION for Reconsideration re #89 Order on Motion for Preliminary Injunction, Memorandum of Law in Opposition of Defendants' Motion for Reconsideration filed by National Rifle Association of America. (Rogers, Sarah)
April 24, 2019 Opinion or Order Filing 102 STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER (approved). Signed by Magistrate Judge Christian F. Hummel on 4/24/2019. (tab)
April 23, 2019 Opinion or Order Filing 101 STIPULATION Stipulated Confidentiality and Protective Order by National Rifle Association of America submitted to Judge Hummel. (Rogers, Sarah)
April 22, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #100 Motion to Compel filed by National Rifle Association of America. Clerk removed a duplicative filing of Plaintiff's Motion to Compel. After removing the first, incomplete filing, Dkt. No. 100, the clerk renumbered the correct and complete Motion to Compel, originally assigned Dkt. No. 101, as Dkt. No. 100 in order to maintain a sequential docket number. (tab)
April 19, 2019 Opinion or Order Filing 101 MOTION to Compel Lloyd's Entities to Comply with Non-Party Subpoenas, or Alternatively, to Compel the DFS to Effectuate Service filed by National Rifle Association of America. (Attachments: #1 Memorandum of Law in Support of Motion to Compel, #2 Declaration of Sarah B. Rogers, #3 Exhibit(s) A - Consent Order Among Lloyds Entities and DFS dated December 20, 2018, #4 Exhibit(s) B - NRAs Notice of Intent to Request for Production of Documents, #5 Exhibit(s) C - Affidavit of Service on Superintendent of DFS, #6 Exhibit(s) D - Federal Express receipts re transmission of Subpoenas to Lloyds Entities, #7 Exhibit(s) E - Email from Stephanie Gase to Michael Hynes dated March 28, 2019, #8 Exhibit(s) F - Letter from Michael Hynes to Stephanie Gase dated March 28, 2019, #9 Exhibit(s) G - Letter from Michael Hynes to Stephanie Gase dated April 2, 2019, #10 Exhibit(s) H - Letter from Michael Hynes to William Scott dated April 8, 2019, #11 Exhibit(s) I - Excerpts from Lloyds Master Policy) Motions referred to Christian F. Hummel. (Rogers, Sarah)
April 19, 2019 Opinion or Order Filing 100 MOTION to Compel Lloyd's Entities to Comply with Non-Party Subpoenas, or Alternatively, to Compel the DFS to Effectuate Service filed by National Rifle Association of America. (Attachments: #1 Memorandum of Law in Support of Motion to Compel, #2 Declaration of Sarah B. Rogers, #3 Exhibit(s) A - Consent Order Among Lloyds Entities and DFS dated December 20, 2018, #4 Exhibit(s) B - NRAs Notice of Intent to Request for Production of Documents, #5 Exhibit(s) C - Affidavit of Service on Superintendent of DFS, #6 Exhibit(s) D - Federal Express receipts re transmission of Subpoenas to Lloyds Entities, #7 Exhibit(s) E - Email from Stephanie Gase to Michael Hynes dated March 28, 2019, #8 Exhibit(s) F - Letter from Michael Hynes to Stephanie Gase dated March 28, 2019, #9 Exhibit(s) G - Letter from Michael Hynes to Stephanie Gase dated April 2, 2019, #10 Exhibit(s) H - Letter from Michael Hynes to William Scott dated April 8, 2019, #11 Exhibit(s) I - Excerpts from Lloyds Master Policy) Motions referred to Christian F. Hummel. (Rogers, Sarah) Modified on 4/22/2019 to re-number entry as Dkt. No. 100(tab).
April 19, 2019 Opinion or Order Filing 100 MOTION to Compel Lloyd's Entities to Comply with Non-Party Subpoenas, or Alternatively, to Compel the DFS to Effectuate Service filed by National Rifle Association of America. (Attachments: #1 Memorandum of Law in Support of Motion to Compel, #2 Declaration of Sarah B. Rogers) Motions referred to Christian F. Hummel. (Rogers, Sarah)
April 15, 2019 Opinion or Order Filing 99 ORDER granting #97 Motion to Withdraw as Attorney. Attorney Stephanie L Gase terminated. Signed by Magistrate Judge Christian F. Hummel on 4/12/2019. (tab)
April 12, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 4/12/2019. Appearances by Sarah Rogers, Esq. for Plaintiff; AAG William Scott for the Defendants, Nathan Dorfman, Esq. for DFS appearing. Arguments are heard on issues as set forth by plaintiff in Dkt. No. 93, Dkt. No. 97, Dkt. No. 98 and Dkt. No. 96. The Court advises counsel that Attorney Gase's letter motion to withdraw from the case will be granted. The Court sets the following briefing schedule for Plaintiff's Motions: Plaintiff's Motion for the Court to approve the proposed confidentiality/protective Order to be filed by 4/17/2019. Defendants' Response due 5/1/2019, and any reply, if needed, to be filed by 5/6/2019 and the reply is limited to 5 pages. Plaintiff's Motion to Compel Lloyds of London to respond to subpoenas or in the Alternative for DFS to accept service is to be filed by 4/19/2019, Defendants' response due by 5/3/2019 and any reply due by 5/9/2019. (Court Reporter Theresa Casal) (tab)
April 10, 2019 Opinion or Order Filing 98 LETTER BRIEF by Andrew Cuomo, The New York State Department of Financial Services. (McCartin, Michael)
April 8, 2019 Opinion or Order Filing 97 MOTION to Withdraw as Attorney filed by National Rifle Association of America. (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Gase, Stephanie)
April 5, 2019 Opinion or Order Filing 96 Letter Motion from Sarah Rogers for National Rifle Association of America requesting Court Conference Regarding Request for Briefing Schedule on Motion for Contempt submitted to Judge Hummel . (Gase, Stephanie)
April 3, 2019 Opinion or Order Filing 95 MOTION for Reconsideration re #89 Order on Motion for Preliminary Injunction, Motion Hearing set for 5/16/2019 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 4/29/2019 filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A: Transcript of Argument) (Scott, William)
April 3, 2019 Opinion or Order Filing 94 TEXT ORDER granting #93 Letter Request from Sarah Rogers for National Rifle Association of America requesting Court Conference Regarding Proposed Motion for a Confidentiality and Protective Order; Defendants are directed to file a response to Dkt. No. #93 by 4/10/2019; An IN-PERSON Discovery Hearing has been set for Friday, 4/12/2019 @ 2:00 PM in Albany before Magistrate Judge Christian F. Hummel. So Ordered by Magistrate Judge Christian F. Hummel on 4/3/2019. (tab)
April 1, 2019 Opinion or Order Filing 93 Letter Motion from Sarah Rogers for National Rifle Association of America requesting Court Conference Regarding Proposed Motion for a Confidentiality and Protective Order submitted to Judge Hummel . (Gase, Stephanie)
March 25, 2019 Opinion or Order Filing 92 STATUS REPORT to Judge Hummel by National Rifle Association of America. (Gase, Stephanie)
March 22, 2019 Opinion or Order Filing 91 TRANSCRIPT REQUEST by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo for proceedings held on 03/13/2019 before Judge Hummel.. (Scott, William)
March 20, 2019 Opinion or Order Filing 90 TRANSCRIPT of Proceedings: Oral Argument held on March 13, 2019 before Judge Christian F. Hummel, Court Reporter: Theresa J. Casal, Telephone number: 518-257-1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/18/2019. Notice of Intent to Redact due by 3/25/2019 (tjc, )
March 20, 2019 Opinion or Order Filing 89 MEMORANDUM-DECISION & ORDER: Ordered that plaintiff's #21 Order to Show Cause is granted in part as plaintiff will be permitted to depose defendant Maria T. Vullo otherwise plaintiff's Order to Show Cause is denied. Signed by Magistrate Judge Christian F. Hummel on 3/20/2019. (jdp, )
March 14, 2019 Opinion or Order Filing 88 ORDER APPROVING #87 Stipulation filed by National Rifle Association of America (Stipulated ESI Order). Signed by Magistrate Judge Christian F. Hummel on 3/14/2019. (tab)
March 14, 2019 Opinion or Order Filing 87 STIPULATION ESI Order by National Rifle Association of America submitted to Judge McAvoy. (Gase, Stephanie)
March 13, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Motion Hearing held on 3/13/2019 re #21 MOTION For Expedited Discovery filed by National Rifle Association of America. Appearances by Stephanie Gase, Esq. and Jose Joel Alicea, Esq. for Plaintiff; AAG William Scott for Defendants. Oral argument is heard. The Court takes a 10 minute recess; Court resumes and additional inquiries by the Court are made. The Court reserves decision and will issue a written Order by the end of the month. (Court Reporter: Theresa Casal) (tab)
March 8, 2019 Opinion or Order Filing 86 NOTICE of Hearing on Motion #21 MOTION for Preliminary Injunction For Expedited Discovery (NOT Preliminary Injunction) : Oral Argument/Motion Hearing is set for Wednesday, 3/13/2019 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. (tab)
March 8, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 3/8/2019. Appearances by telephone by Stephanie L. Gase, Esq. and Jose Joel Alicea, Esq. for plaintiff; AAG William Scott, for Defendants. The Court inquires about the Motion regarding expedited discovery and what issues remain pending in that motion. Plaintiff advises the Court that generally one issue remains, and defendant indicates that they take the same position and oppose the relief sought. (regarding Vullo deposition) The Court schedules in-person oral argument on the issue on 3/13/2019 @ 11:00 am in Albany. Court concludes. (Court Reporter Jacqueline Stroffolino) (tab)
March 6, 2019 Opinion or Order Filing 85 COURT NOTICE of Telephonic Hearing: A telephonic Discovery Hearing has been set for Friday, 3/8/2019 @ 3:00 PM in Albany before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719 # and security code 1234 # to join the call. (tab)
February 20, 2019 Opinion or Order Filing 84 REPLY to Response to Motion re #78 MOTION for Protective Order filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Scott, William)
February 15, 2019 Opinion or Order Filing 83 RESPONSE in Opposition re #78 MOTION for Protective Order filed by National Rifle Association of America. (Attachments: #1 Declaration of Stephanie L. Gase in Support of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for a Protective Order)(Gase, Stephanie)
February 12, 2019 Opinion or Order Filing 82 TEXT ORDER granting #80 Motion for Limited Admission Pro Hac Vice for Nicole Frazer Reaves, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 2/12/2019. (tab)
February 8, 2019 Opinion or Order Filing 81 REPLY to Response to Motion re #73 MOTION to Compel the Production of Documents filed by National Rifle Association of America. (Gase, Stephanie)
February 8, 2019 Opinion or Order Filing 80 MOTION for Limited Admission Pro Hac Vice of Nicole Frazer Reaves Filing fee $100, receipt number ANYNDC-4645891. filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Rogers, Sarah)
February 4, 2019 Opinion or Order Filing 79 RESPONSE in Opposition re #73 MOTION to Compel the Production of Documents filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Affirmation of William A. Scott, #2 Declaration of Matthew Levine, #3 Exhibit(s) A: to Declaration of Matthew Levine, #4 Exhibit(s) B: to Declaration of Matthew Levine, #5 Exhibit(s) C: to Declaration of Matthew Levine, #6 Exhibit(s) D: to Declaration of Matthew Levine, #7 Declaration of Nathaniel Dorfman, #8 Declaration of Tanisha Edwards)(Scott, William)
February 4, 2019 Opinion or Order Filing 78 MOTION for Protective Order Motion Hearing set for 2/21/2019 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 2/4/2019 filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Memorandum of Law, #2 Affirmation of William A. Scott, #3 Declaration of Matthew Levine, #4 Exhibit(s) A: to Declaration of Matthew Levine, #5 Exhibit(s) B: to Declaration of Matthew Levine, #6 Exhibit(s) C: to Declaration of Matthew Levine, #7 Exhibit(s) D: to Declaration of Matthew Levine, #8 Declaration of Nathaniel Dorfman, #9 Declaration of Tanisha Edwards) Motions referred to Christian F. Hummel. (Scott, William)
January 30, 2019 Opinion or Order Filing 77 TEXT ORDER granting #75 Unopposed Letter Motion from Stephanie Gase, Esq. for National Rifle Association of America requesting extension of the deadline for filing a motion for a preliminary injunction. The briefing schedule set forth in Text Order, Dkt. No. 65, are stayed and the Court will reset the briefing schedule on any Motion for a Preliminary Injunction, after a decision on the Motion to Dismiss, Dkt. No. 63, and the Motion to Compel, Dkt. No. 73 are rendered. Authorized by Magistrate Judge Christian F. Hummel on 1/30/2019. (tab)
January 30, 2019 Opinion or Order Filing 76 TEXT ORDER granting in part and denying in part #74 Letter Motion from Stephanie Gase, Esq. for National Rifle Association of America requesting Confirmation of Deadline Extension. At this time, the deadline for filing a Motion to Amend Pleadings or for Joinder of Parties is extended to March 1, 2019. [Amended Pleadings due by 3/1/2019; Joinder of Parties due by 3/1/2019]. Authorized by Magistrate Judge Christian F. Hummel on 1/30/2019. (tab)
January 29, 2019 Opinion or Order Filing 75 Unopposed Letter Motion from Stephanie Gase for National Rifle Association of America requesting extension of the deadline for filing a motion for a preliminary injunction submitted to Judge Hummel . (Gase, Stephanie)
January 25, 2019 Opinion or Order Minute Entry for proceedings held before Senior Judge Thomas J. McAvoy; Motion Hearing held on 1/25/2019; App: NONE; Court Reporter: V. Theleman; Defendants' #63 MOTION to Dismiss for Failure to State a Claim - TAKEN ON SUBMIT. (amt)
January 24, 2019 Opinion or Order Filing 74 Letter Motion from Stephanie Gase for National Rifle Association of America requesting Confirmation of Deadline Extension submitted to Judge Hummel . (Gase, Stephanie)
January 22, 2019 Opinion or Order Filing 73 MOTION to Compel the Production of Documents filed by National Rifle Association of America. (Attachments: #1 Memorandum of Law in Support of Plaintiff's Motion to Compel the Production of Documents, #2 Declaration of Stephanie L. Gase in Support of Plaintiff's Motion to Compel the Production of Documents) Motions referred to Christian F. Hummel. (Gase, Stephanie)
January 17, 2019 Opinion or Order Filing 72 TEXT ORDER SETTING BRIEFING SCHEDULES FOR INTENDED MOTIONS. As set forth, on the record, during the 1/17/2019 Discovery Conference, the following briefing schedule has been set for Plaintiff's Motion to Compel and for Defendant's Motion for Protective Order: Plaintiff's Motion to Compel to be filed by 1/22/2019. Defendant's Response is to be filed by 2/4/2019, any reply by Plaintiff is to be limited to 10 pages and is to be filed by 2/8/2019. Defendant's Motion for Protective Order is to be filed by 2/4/2019. Plaintiff is to file a response to Defendant's Motion by 2/15/2019. Any reply to response by Defendant is limited to 10 pages and is to be filed by 2/20/2019. At this time, both Plaintiff's Motion to Compel and Defendant's Motion for Protective Order will be taken on submit. Counsel will be notified and a hearing will be scheduled if the Court decides to hear oral argument on either motion. So Ordered by Magistrate Judge Christian F. Hummel on 1/17/2019. (tab)
January 17, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 1/17/2019. Appearances (by telephone) by Sarah Rogers, Esq., Stephanie L. Gase, Esq., and Harold S. Reeves, Esq. on behalf of Plaintiff; AAG William Scott (in person), on behalf of Defendants. Discovery issues are briefly discussed and the Court sets a briefing schedule for both parties to file discovery motions. Plaintiff is not prepared to withdraw the Motion for expedited Discovery, Dkt. 21, at this time. Plaintiff intends to file a Motion to Compel and Defendants will respond and file Motion for Protective Order. Text Orders setting those Motion briefing schedules will be issued. (Court Reporter FTR Recorded) (tab)
January 17, 2019 Opinion or Order TEXT NOTICE to parties advising that Defts' #63 MOTION to Dismiss for Failure to State a Claim that is on Judge McAvoy's 1/25/19 Motion Calendar is on submit basis. Appearances are not required. (sfp, )
January 14, 2019 Opinion or Order Filing 71 RESPONSE in Support re #63 MOTION to Dismiss for Failure to State a Claim pursuant to FRCP 12(c) filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Scott, William)
January 11, 2019 Opinion or Order Filing 70 RESPONSE in Opposition re #67 Letter Motion from Stephanie L. Gase for National Rifle Association of America requesting Court Conference Regarding Proposed Discovery Motion submitted to Judge Hummel filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Exhibit(s) A, B & C)(Scott, William)
January 8, 2019 Opinion or Order Filing 69 RESPONSE in Opposition re #63 MOTION to Dismiss for Failure to State a Claim pursuant to FRCP 12(c) filed by National Rifle Association of America. (Gase, Stephanie)
January 8, 2019 Opinion or Order Filing 68 TEXT ORDER granting #67 Letter Request for a Court Conference Regarding Proposed Discovery Motion. Defendants are directed to file a written response to Plaintiff's Dkt. No. 67 Letter Request by Friday, 1/11/2019. A Discovery Hearing has been set for Thursday, 1/17/2019 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel are permitted to appear by telephone or in person for this conference. For counsel opting to appear by telephone, dial in instructions will be issued under separate notice. Authorized by Magistrate Judge Christian F. Hummel on 1/8/2019. (tab)
January 7, 2019 Opinion or Order Filing 67 Letter Motion from Stephanie L. Gase for National Rifle Association of America requesting Court Conference Regarding Proposed Discovery Motion submitted to Judge Hummel . (Gase, Stephanie)
December 27, 2018 Opinion or Order Filing 66 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/31/2019. Amended Pleadings due by 1/31/2019. Discovery due by 6/17/2019. Motions to be filed by 7/22/2019. Status Report due by 3/25/2019. Signed by Magistrate Judge Christian F. Hummel on 12/27/2018. (tab)
December 27, 2018 Opinion or Order Filing 65 TEXT ORDER setting briefing schedule for Preliminary Injunction Motion as set forth during the Initial Conference held on 12/13/2018. The Preliminary Injunction Motion to be filed by 1/31/2019. Response to the motion due by 2/21/2019. A Reply, limited to no more than 10 pages, is due by 2/28/2019. Authorized by Magistrate Judge Christian F. Hummel on 12/27/2018. (tab)
December 27, 2018 Opinion or Order Filing 64 TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 12/13/2018. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 12/27/2018. (tab)
December 19, 2018 Opinion or Order Filing 63 MOTION to Dismiss for Failure to State a Claim pursuant to FRCP 12(c) Motion Hearing set for 1/25/2019 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 1/8/2019 Reply to Response to Motion due by 1/14/2019. filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Memorandum of Law) (Kerwin, Adrienne)
December 13, 2018 Opinion or Order Filing 62 NOTICE of Appearance by William A. Scott on behalf of Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo (Scott, William)
December 6, 2018 Opinion or Order Filing 61 CIVIL CASE MANAGEMENT PLAN by National Rifle Association of America. (Gase, Stephanie)
November 26, 2018 Opinion or Order Filing 60 REPLY to Response to Motion re #21 MOTION for Preliminary Injunction For Expedited Discovery (NOT Preliminary Injunction) filed by National Rifle Association of America. (Gase, Stephanie)
November 20, 2018 Opinion or Order Filing 59 ANSWER to #37 Amended Complaint, by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Certificate of Service)(Pederson, Helena)
November 13, 2018 Opinion or Order Filing 58 TEXT ORDER granting #57 Letter Request for a Rule 16 conference to be set and for permission to file a reply to Dkt. No. 21, Motion for Expedited Discovery. Plaintiff is permitted to file a reply of no more than ten (10) pages on or before 11/26/2018. The hearing date for oral argument on the Motion for Expedited Discovery will be addressed at the Rule 16 conference. The IN-PERSON Initial Conference has been set for Thursday, 12/13/2018 @ 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/6/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Andrew Cuomo answer due 11/20/2018; The New York State Department of Financial Services answer due 11/20/2018; Maria T. Vullo answer due 11/20/2018]. SO ORDERED by Magistrate Judge Christian F. Hummel on 11/13/2018. (tab)
November 7, 2018 Opinion or Order Filing 57 Letter Motion from Stephanie Gase for National Rifle Association of America requesting a hearing date and permission to file memorandum in excess of page limit submitted to Judge Christian F. Hummel . (Gase, Stephanie)
November 6, 2018 Opinion or Order Filing 56 DECISION & ORDER: Granting in part and denying in part Defendant's #40 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Thomas J. McAvoy on 11/6/2018. (jdp, )
September 25, 2018 Opinion or Order Filing 55 NOTICE of Appearance by Chance Weldon on behalf of Texas Public Policy Foundation (Weldon, Chance)
September 19, 2018 Opinion or Order Filing 54 ORDER granting #53 Motion for Limited Admission Pro Hac Vice of Chance Dean Weldon, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 9/19/2018. (tab)
September 18, 2018 Opinion or Order Filing 53 MOTION for Limited Admission Pro Hac Vice of Chance Dean Weldon Filing fee $100, receipt number ANYNDC-4511351. filed by Texas Public Policy Foundation. (Attachments: #1 Declaration of sponsor, Keisha Russell, #2 Exhibit(s) Chance Weldon Attorney Registration Form, #3 Exhibit(s) Chance Weldon Petition for Admission to Practice, #4 Exhibit(s) Chance Weldon Certificate of Good Standing) Motions referred to Christian F. Hummel. (Russell, Keisha)
September 17, 2018 Opinion or Order Filing 52 TRANSCRIPT of Proceedings: Oral Argument held on 9/10/2018 before Judge Thomas J. McAvoy, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2018. Redacted Transcript Deadline set for 10/18/2018. Release of Transcript Restriction set for 12/17/2018. Notice of Intent to Redact due by 9/24/2018 (jxs, )
September 10, 2018 Opinion or Order Minute Entry for 9/10/2018 Motion Calendar held before Senior Judge Thomas J. McAvoy; App: S. Rogers, S. Gase, W. Brewer, C. Cooper, J. Reeves, J. Alicea, and M. Kirk, Esqs., for Plaintiff; A. Kerwin, J. Pederson and D. Dorfman, AAGs, for Defendants; Court Reporter: J. Stroffolino; Parties are heard re: Defendants' #40 MOTION to Dismiss; Court reserves decision; Written decision will be issued. (amt)
August 30, 2018 Opinion or Order Filing 51 REPLY to Response to Motion re #40 MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Kerwin, Adrienne)
August 30, 2018 Opinion or Order TEXT NOTICE advising parties that the Court will entertain oral argument on 9/10/18, at 10 AM in Albany, from the parties' attorney's as related to those parts of the pending #40 motion seeking to dismiss the First, Second, Third, and Sixth Counts. Each side will be limited to 30 minutes to present their arguments. (sfp, )
August 27, 2018 Opinion or Order Filing 50 TEXT ORDER granting the #46 and #49 Requests for leave to file amicus briefs. Authorized by Senior Judge Thomas J. McAvoy on 8/27/2018. (amt)
August 24, 2018 Opinion or Order Filing 49 First MOTION for Leave to File Amicus Curiae Brief filed by American Civil Liberties Union Foundation. (Attachments: #1 Exhibit(s) Proposed Amicus Brief, #2 Exhibit(s) Proposed Order) Motions referred to Christian F. Hummel. (Hauss, Brian)
August 24, 2018 Opinion or Order Filing 48 RESPONSE in Opposition re #40 MOTION to Dismiss for Failure to State a Claim filed by National Rifle Association of America. (Attachments: #1 Declaration of Stephanie Gase in Support of Memorandum of Law In Opposition to Motion to Dismiss)(Brewer, William)
August 24, 2018 Opinion or Order Filing 47 NOTICE of Appearance by Brian Matthew Hauss on behalf of American Civil Liberties Union Foundation (Hauss, Brian)
August 24, 2018 Opinion or Order Filing 46 Letter Motion from Texas Public Policy Foundation for Texas Public Policy Foundation requesting Leave to Participate as Amicus Curiae . (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Russell, Keisha)
August 24, 2018 Opinion or Order Filing 45 ORDER granting #43 Motion for Limited Admission Pro Hac Vice for Brian Hauss, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/24/2018. (tab)
August 24, 2018 Opinion or Order Filing 44 LETTER BRIEF by American Civil Liberties Union Foundation. (Dunn, Christopher)
August 23, 2018 Opinion or Order Filing 43 MOTION for Limited Admission Pro Hac Vice of Brian Hauss Filing fee $100, receipt number ANYNDC-4488216. filed by National Rifle Association of America. (Attachments: #1 Declaration of sponsor, Christopher Dunn, #2 Exhibit(s) Brian Hauss Attorney Registration Form, #3 Exhibit(s) Brian Hauss Petition for Admission to Practice, #4 Exhibit(s) Brian Hauss Certificate of Good Standing) Motions referred to Christian F. Hummel. (Dunn, Christopher)
August 7, 2018 Opinion or Order Filing 42 TEXT ORDER granting #41 Letter Request to file a 50 page response memorandum re: #40 Motion. Authorized by Senior Judge Thomas J. McAvoy on 8/7/18. (sfp, )
August 6, 2018 Opinion or Order Filing 41 Letter Motion from Stephanie L. Gase for National Rifle Association of America requesting permission to file a memorandum in excess of page limits submitted to Judge Hummel . (Gase, Stephanie)
August 3, 2018 Opinion or Order Filing 40 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 9/10/2018 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 8/24/2018 Reply to Response to Motion due by 8/30/2018. filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Memorandum of Law, #2 Appendix A, #3 Appendix B, #4 Appendix C) (Kerwin, Adrienne)
July 31, 2018 Opinion or Order Filing 39 TEXT ORDER GRANTING the #38 Letter Request for leave to file a 50 page Memorandum of law and DENYING AS MOOT the #27 Motion to Dismiss for Failure to State a Claim. Authorized by Senior Judge Thomas J. McAvoy on 7/31/2018. (amt)
July 27, 2018 Opinion or Order Filing 38 Letter Motion from Adrienne J. Kerwin for Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo requesting permission to file a memorandum of law up to 50 pages submitted to Judge Hummel . (Kerwin, Adrienne)
July 23, 2018 Opinion or Order ***Answer to the Amended Complaint due date updated for Andrew Cuomo answer due 8/3/2018; The New York State Department of Financial Services answer due 8/3/2018; Maria T. Vullo answer due 8/3/2018. (see)
July 20, 2018 Opinion or Order Filing 37 AMENDED COMPLAINT with Jury Demand against All Defendants filed by National Rifle Association of America. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F)(Rogers, Sarah)
July 12, 2018 Opinion or Order Minute Entry for proceedings held before Senior Judge Thomas J. McAvoy; Pretrial Telephone Conference held on 7/12/2018; App: S. Rogers, S. Gase, and M. Kirk, Esqs., for Pltf; A. Kerwin and J. Dvorin, AAGs, for Defts; Court Reporter: J. Stroffolino; Court advised counsel re: past representation of Chubb insurers and his ownership of guns; Counsel advised to make recusal motion if they deem appropriate. (amt)
July 11, 2018 Opinion or Order Filing 36 TEXT ORDER: In light of Plaintiff's #34 Letter indicating it intends to file an amended complaint, briefing on Defendants' #27 Motion is suspended. If an amended complaint is filed, the Court will address a briefing schedule for any motion to dismiss the amended complaint. Authorized by Senior Judge Thomas J. McAvoy on 7/11/2018. (amt)
July 11, 2018 Opinion or Order Filing 35 Letter Motion from Sarah B. Rogers for National Rifle Association of America requesting Opposition-briefing deadline modification submitted to Judge Thomas J. McAvoy . (Rogers, Sarah)
July 10, 2018 Opinion or Order Filing 34 Letter Motion from Stephanie Gase for National Rifle Association of America requesting Guidance regarding briefing schedule in light of forthcoming amended complaint submitted to Judge Thomas J. McAvoy . (Gase, Stephanie)
July 9, 2018 Opinion or Order COURT TEXT NOTICE scheduling a Telephone Pretrial Conference for 7/12/2018 at 03:00 PM before Senior Judge Thomas J. McAvoy. Plaintiff's counsel is directed to place the conference call.(amt)
July 5, 2018 Opinion or Order Filing 33 TEXT ORDER: Given the allegations of irreparable harm, the Court will address Defendants' #27 MOTION to Dismiss on an expedited basis. Plaintiff is ordered to file its opposition to the #27 motion by 12:00 noon on 7/11/2018; Defendants are ordered to file their reply, if any, by 4:00 PM on 7/16/2018. The motion is scheduled for oral argument at 2:00 PM on 7/24/2018 at the U.S. Courthouse in Binghamton, NY. Authorized by Senior Judge Thomas J. McAvoy on 7/5/2018. (amt)
July 5, 2018 Opinion or Order Filing 32 TEXT ORDER: The Motion for Expedited Discovery is STAYED, and the Motion hearing scheduled for 7/11/2018 @ 11:00 AM is ADJOURNED, pending a decision on the pending Motion to Dismiss. The Rule 16 Initial Conference scheduled for 8/6/2018 at 9:00 am before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. SO ORDERED by Magistrate Judge Christian F. Hummel on 7/5/2018. (tab)
July 5, 2018 Opinion or Order Filing 31 TEXT ORDER granting in part and deferring decision in part #29 Letter Request: The Court GRANTS Plaintiff's request for permission to file a memorandum of up to thirty-five (35) pages in opposition to Defendants motion to Dismiss and is DEFERRING decision on Plaintiff's request for permission to file a reply memorandum up to fifteen (15) pages in length in support of their motion for expedited discovery. Plaintiff's Motion for Expedited Discovery is hereby STAYED pending a Decision by Senior Judge Thomas J. McAvoy on Defendant's Motion to Dismiss. SO ORDERED by Magistrate Judge Christian F. Hummel on 7/5/2018. (tab)
July 3, 2018 Opinion or Order Filing 30 ORDER FOR TRANSFER. Case reassigned to Senior Judge Thomas J. McAvoy for all further proceedings. Senior Judge Lawrence E. Kahn no longer assigned to case. Signed by Senior Judge Lawrence E. Kahn on 7/3/2018. (jlb)
July 3, 2018 Opinion or Order Filing 29 Letter Motion from Stephanie L. Gase for National Rifle Association of America requesting permission to file memoranda in excess of page limits submitted to Judge Hummel . (Gase, Stephanie)
July 2, 2018 Opinion or Order Filing 28 RESPONSE in Opposition re #21 MOTION for Preliminary Injunction For Expedited Discovery (NOT Preliminary Injunction) filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Declaration)(Kerwin, Adrienne)
July 2, 2018 Opinion or Order Filing 27 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/3/2018 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 7/17/2018 Reply to Response to Motion due by 7/23/2018. filed by Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo. (Attachments: #1 Memorandum of Law, #2 Appendix A, #3 Appendix B, #4 Appendix C) (Kerwin, Adrienne)
July 2, 2018 Opinion or Order Filing 26 NOTICE of Appearance by Helena O. Pederson on behalf of Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo (Pederson, Helena)
June 29, 2018 Opinion or Order Filing 25 NOTICE of Appearance by Michael G. McCartin on behalf of Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo (McCartin, Michael)
June 29, 2018 Opinion or Order Filing 24 TEXT ORDER GRANTING #23 Letter Request for (1) permission to file a memorandum up to forty (40) pages in length in support of defendants motion to dismiss the complaint; and (2) permission to file a memorandum up to (35) pages in length in opposition to plaintiffs application for expedited discovery. Authorized by Magistrate Judge Christian F. Hummel on 6/29/2018. (tab)
June 28, 2018 Opinion or Order Filing 23 Letter Motion from Adrienne J. Kerwin for Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo requesting permission to file memoranda in excess of 25 pages submitted to Judge Hummel . (Kerwin, Adrienne)
June 18, 2018 Opinion or Order Filing 22 ORDER Setting Hearing on Show Cause Motion #21 For Expedited Discovery : Defendant's Response to Motion due by 7/2/2018; any Reply to Response to Motion due by 7/9/2018 and is limited to five pages. An IN-PERSON Show Cause Motion Hearing has been set for Wednesday, 7/11/2018 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Signed by Magistrate Judge Christian F. Hummel on 6/18/2018. (tab)
June 14, 2018 Opinion or Order Filing 21 MOTION for ORDER TO SHOW CAUSE FOR EXPEDITED DISCOVERY by National Rifle Association of America. (Attachments: #1 Memorandum of Law in Support of Order to Show Cause for Expedited Discovery, #2 Affidavit of John C. Frazer In Support of Order to Show Cause, #3 Declaration of Sarah B. Rogers in Support of Order to Show Cause)(Brewer, William) Modified text to reflect motion was an order to show cause on 6/15/2018 (jlb).
May 25, 2018 Opinion or Order Filing 20 TEXT ORDER granting in part and denying in part #19 Letter Request to extend answer deadline. Answer deadline is extended to 7/2/2018. Andrew Cuomo answer due 7/2/2018; The New York State Department of Financial Services answer due 7/2/2018; Maria T. Vullo answer due 7/2/2018. Authorized by Magistrate Judge Christian F. Hummel on 5/25/2018. (tab)
May 25, 2018 Opinion or Order Filing 19 Notice of Appearance and Letter Motion from Adrienne J. Kerwin for Andrew Cuomo, The New York State Department of Financial Services, Maria T. Vullo requesting extension of time to respond to the complaint submitted to Judge Hummel . (Kerwin, Adrienne)
May 22, 2018 Opinion or Order Filing 18 NOTICE by National Rifle Association of America re #4 Notice of Admission Requirement, (Cooper, Charles)
May 22, 2018 Opinion or Order Filing 17 NOTICE of Appearance by Jose Joel Alicea on behalf of National Rifle Association of America (Alicea, Jose)
May 22, 2018 Opinion or Order Filing 16 NOTICE of Appearance by Harold S. Reeves on behalf of National Rifle Association of America (Reeves, Harold)
May 22, 2018 Opinion or Order Filing 15 NOTICE of Appearance by Michael W. Kirk on behalf of National Rifle Association of America (Kirk, Michael)
May 22, 2018 Opinion or Order Filing 14 NOTICE of Appearance by Charles J. Cooper on behalf of National Rifle Association of America (Cooper, Charles)
May 21, 2018 Opinion or Order Filing 13 ORDER granting #9 Motion for Limited Admission Pro Hac Vice of Harold S. Reeves, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/21/2018. (tab)
May 21, 2018 Opinion or Order Filing 12 ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Jose J. Alicea, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/21/2018. (tab)
May 21, 2018 Opinion or Order Filing 11 ORDER granting #7 Motion for Limited Admission Pro Hac Vice of Charles J. Cooper, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/21/2018. (tab)
May 21, 2018 Opinion or Order Filing 10 ORDER granting #6 Motion for Limited Admission Pro Hac Vice of Michael W. Kirk, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/21/2018. (tab)
May 18, 2018 Opinion or Order Filing 9 MOTION for Limited Admission Pro Hac Vice of HAROLD S. REEVES Filing fee $100, receipt number ANYNDC-4391400. filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Rogers, Sarah)
May 18, 2018 Opinion or Order Filing 8 MOTION for Limited Admission Pro Hac Vice of JOSE J. ALICEA Filing fee $100, receipt number ANYNDC-4391396. filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Rogers, Sarah)
May 18, 2018 Opinion or Order Filing 7 MOTION for Limited Admission Pro Hac Vice of CHARLES J. COOPER Filing fee $100, receipt number ANYNDC-4391379. filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Brewer, William)
May 18, 2018 Opinion or Order Filing 6 MOTION for Limited Admission Pro Hac Vice of MICHAEL W. KIRK Filing fee $100, receipt number ANYNDC-4391357. filed by National Rifle Association of America. Motions referred to Christian F. Hummel. (Brewer, William)
May 11, 2018 Opinion or Order Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by National Rifle Association of America. (Brewer, William)
May 11, 2018 Opinion or Order Filing 4 NOTICE of Admission Requirement as to Party National Rifle Association of America; Attorney Charles J. Cooper (ccooper@cooperkirk.com), Michael W. Kirk (mkirk@cooperkirk.com), and J. Joel Alicea. Phone number is 202-220-9660. Admissions due by 5/25/2018. Notice sent via regular mail 5/11/2018.(jlb)
May 11, 2018 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/9/2018 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/2/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jlb)
May 11, 2018 Opinion or Order Filing 2 Summons Issued as to Andrew Cuomo. (Attachments: #1 Summons Issued as to New York State Department of Financial Services, #2 Summons Issued as to Maria T. Vullo)(jlb)
May 11, 2018 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against Andrew Cuomo, The New York State Department of Financial Services and Maria T. Vullo (Filing fee $400 receipt number ANYNDC-4383332) filed by National Rifle Association of America. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(jlb)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System

Search for this case: National Rifle Association of America v. Cuomo et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Maria T. Vullo
Represented By: Adrienne J. Kerwin
Represented By: Michael G. McCartin
Represented By: Helena O. Pederson
Represented By: William A. Scott
Represented By: Elizabeth S. Saylor
Represented By: Debra L. Greenberger
Represented By: Andrew G. Celli, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Andrew Cuomo
Represented By: Adrienne J. Kerwin
Represented By: Michael G. McCartin
Represented By: Helena O. Pederson
Represented By: William A. Scott
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The New York State Department of Financial Services
Represented By: Adrienne J. Kerwin
Represented By: Michael G. McCartin
Represented By: Helena O. Pederson
Represented By: William A. Scott
Represented By: Eamon G. Rock
Represented By: Nathaniel J. Dorfman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: National Rifle Association of America
Represented By: William A Brewer
Represented By: Stephanie L Gase
Represented By: Sarah Rogers
Represented By: Michael W. Kirk
Represented By: Jose Joel Alicea
Represented By: Charles J. Cooper
Represented By: Harold S. Reeves
Represented By: William A Brewer, III
Represented By: John C. Canoni
Represented By: Nicole Frazer Reaves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: Texas Public Policy Foundation
Represented By: Keisha Russell
Represented By: Chance Weldon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: American Civil Liberties Union Foundation
Represented By: Brian Matthew Hauss
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Special master: Benjamin W. Hill
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?