Merola v. Cuomo et al
Plaintiff: Frank J. Merola
Defendant: Mark J.F. Schroeder, Andrew M. Cuomo and Letitia A. James
Case Number: 1:2019cv00899
Filed: July 24, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Gary L Sharpe
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2019 Filing 20 NOTICE of Appearance by Linda Fang on behalf of All Defendants (Fang, Linda)
September 10, 2019 TEXT ONLY NOTICE of Hearing on Motion #12 MOTION to Transfer Case : Motion Hearing set for 9/19/2019 AT 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed.(jel, )
September 9, 2019 Filing 19 REPLY to Response to Motion re #12 MOTION to Transfer Case filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Starlin, Keith)
September 3, 2019 Filing 18 RESPONSE in Opposition re #12 MOTION to Transfer Case filed by Frank J. Merola. (Attachments: #1 Exhibit(s) A to Declaration in Opposision to Defendants' Motion to Transfer Venue, #2 Memorandum of Law)(Sleight, Karl)
August 29, 2019 Filing 17 ANSWER to #1 Complaint by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Starlin, Keith)
August 22, 2019 Opinion or Order Filing 16 TEXT ORDER: Court has reviewed letter motion (Dkt. No. #13 ) to stay defendants' time to respond to the complaint, and plaintiff's response in opposition (Dkt. No. #15 ). Letter motion denied for the reasons stated by plaintiff. Defendants time to file a response to the complaint is extended to 8/30/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/20/2019. (sg )
August 20, 2019 Filing 15 RESPONSE TO LETTER BRIEF filed by Frank J. Merola as to #13 Letter Request/Motion, filed by Andrew M. Cuomo, Mark J.F. Schroeder, Letitia A. James . (Sleight, Karl)
August 15, 2019 Opinion or Order Filing 14 TEXT ORDER: Court reviewed Dkt. No. #13 and notes that plaintiff does not consent to the request of defendants as set forth in Dkt. No. #13 . Therefore, plaintiff to file any letter response, no longer than 2pp., to Dkt. No. #13 by 8/20/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/15/2019. (sg)
August 15, 2019 Filing 13 Letter Motion from Assistant Attorney General Keith Starlin for Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder requesting a stay of defendants' time to respond to the complaint pending a decision on defendants' motion to transfer venue submitted to Judge Hon. Gary L. Sharpe . (Starlin, Keith)
August 15, 2019 Filing 12 MOTION to Transfer Case Motion Hearing set for 9/19/2019 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 9/3/2019 Reply to Response to Motion due by 9/9/2019. filed by Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Memorandum of Law, #2 Appendix, #3 Declaration) Motions referred to Therese Wiley Dancks. (Starlin, Keith)
August 1, 2019 Filing 11 AFFIDAVIT of Service for G.O. Filing Order served on AG Letitia A. James on 7/30/19, filed by Frank J. Merola. (Sleight, Karl)
August 1, 2019 Filing 10 AFFIDAVIT of Service for G.O. Filing Order served on Mark J.F. Schroeder on 7/30/19, filed by Frank J. Merola. (Sleight, Karl)
August 1, 2019 Filing 9 AFFIDAVIT of Service for G.O. Filing Order served on Governor Andrew Cuomo on 7/30/19, filed by Frank J. Merola. (Sleight, Karl)
July 26, 2019 ***Answer due date updated for Andrew M. Cuomo answer due 8/15/2019; Letitia A. James answer due 8/15/2019; Mark J.F. Schroeder answer due 8/15/2019. (mgh)
July 25, 2019 Filing 8 AFFIDAVIT of Service for Summons & Complaint served on DMV Commissioner Mark J.F. Schroeder on 7/25/19, filed by Frank J. Merola. (Sleight, Karl)
July 25, 2019 Filing 7 AFFIDAVIT of Service for Summons & Complaint served on Letitia A. James, Attorney General on 7/25/19, filed by Frank J. Merola. (Sleight, Karl)
July 25, 2019 Filing 6 AFFIDAVIT of Service for Summons & Complaint served on Governor Andrew Cuomo on 7/25/19, filed by Frank J. Merola. (Sleight, Karl)
July 24, 2019 Filing 5 NOTICE of Appearance by Elliot A. Hallak on behalf of Frank J. Merola (Hallak, Elliot)
July 24, 2019 Filing 4 NOTICE of Appearance by Karl J. Sleight on behalf of Frank J. Merola (Sleight, Karl)
July 24, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/24/2019 09:30 AM in before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/17/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
July 24, 2019 Filing 2 Summons Issued as to Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder. (Attachments: #1 Summons Issued as to Letitia A. James, #2 Summons Issued as to Mark J.F. Schroeder)(mgh)
July 24, 2019 Filing 1 COMPLAINT against Andrew M. Cuomo, Letitia A. James, Mark J.F. Schroeder (Filing fee $400 receipt number ANYNDC-4809277) filed by Frank J. Merola. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(mgh)

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Defendant: Mark J.F. Schroeder
Represented By: Linda Fang
Represented By: Keith J. Starlin
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Defendant: Andrew M. Cuomo
Represented By: Linda Fang
Represented By: Keith J. Starlin
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Defendant: Letitia A. James
Represented By: Linda Fang
Represented By: Keith J. Starlin
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Plaintiff: Frank J. Merola
Represented By: Elliot A. Hallak
Represented By: Karl J. Sleight
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