Dark Storm Industries LLC et al v. Cuomo et al
| Dark Storm Industries LLC, Kevin Schmucker and Brian Doherty |
| Elizabeth Ruth Fine, Empire State Development Corporation and Andrew Cuomo |
| 1:2020cv00360 |
| March 30, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 8, 2020. A more recent docket listing may be available from PACER.
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Filing 23
TEXT ORDER: On May 13, 2020, Plaintiffs filed an emergency motion for partial summary judgment. Dkt. Nos. 1319 ("Summary Judgment Motion"). In light of Plaintiffs' subsequent letter, Dkt. No. 22, and General Order 25, Dkt. No. 3, the return date for Plaintiffs' Summary Judgment Motion shall be June 19, 2020. Defendants' response to the Summary Judgment Motion shall be due by June 2, 2020, and Plaintiffs' reply, if any, by June 8, 2020. Signed by Senior Judge Lawrence E. Kahn on 5/15/20. (ban)
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| TEXT NOTICE Re #13 Emergency MOTION for Partial Summary Judgment, #19 Emergency MOTION for Preliminary Injunction: The Motion Return date is set for 6/19/2020 (ON SUBMIT) before Senior Judge Lawrence E. Kahn; Response to Motion due by 6/2/2020, Reply to Response to Motion due by 6/8/2020. No personal appearances are necessary. The motion will be decided on the submission of the papers only, unless otherwise directed by the Court. (ban) |
| Filing 22 Responsive Letter Motion from James M. Maloney for Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker requesting modified motion timetable submitted to Judge Hon. Lawrence E. Kahn . (Maloney, James) |
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Filing 21
TEXT ORDER: The Court has reviewed Plaintiffs' emergency motion for summary judgment, which Plaintiffs brought via application for an order to show cause. Dkt. Nos. 13 ("Motion"); 16 ("Maloney Affidavit"). The Court has reviewed the Maloney Affidavit and finds that it does not "clearly and specifically show[] good and sufficient cause why the standard Notice of Motion procedure cannot be used." L.R. 7.1(e). Plaintiffs must notify the Court by May 20, 2020 whether they still intend to pursue their Motion per the standard Notice of Motion procedure as outlined in the Local Rules, or whether they intend to withdraw it and file another motion in the normal course. Signed by Senior Judge Lawrence E. Kahn on May 13, 2020. (sas)
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| Filing 20 CERTIFICATE OF SERVICE by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker as to docket entries 13 through 19 (Maloney, James) |
| Filing 19 Emergency MOTION for Preliminary Injunction (NOTE: PI not sought, other relief sought, draft OSC filed herewith, explanation provided in papers previously filed as docket entries 13 through 18) by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker.(Maloney, James) |
| Filing 18 AFFIDAVIT in Support re #13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) (Newman Declaration) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Attachments: #1 Exhibit(s) Email printout, #2 Exhibit(s) Email printout)(Maloney, James) |
| Filing 17 AFFIDAVIT in Support re #13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) (Morrisey Declaration) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Attachments: #1 Exhibit(s) Letter from Bureau of Alcohol, Tobacco, Firearms and Explosives)(Maloney, James) |
| Filing 16 AFFIDAVIT in Support re #13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Attachments: #1 Exhibit(s) Complaint, #2 Exhibit(s) Answer, #3 Exhibit(s) Executive Order 202.6, #4 Exhibit(s) Executive Order 202.8, #5 Exhibit(s) Department of State database printout for Empite State Development Corporation)(Maloney, James) |
| Filing 15 STATEMENT OF MATERIAL FACTS re #13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
| Filing 14 MEMORANDUM OF LAW re #13 Motion for Partial Summary Judgment filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
| Filing 13 Emergency MOTION for Partial Summary Judgment (explanatory letter filed as lead document)) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
| Filing 12 ANSWER to #1 Complaint, by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine.(Koster, Andrew) |
| Filing 11 TEXT ORDER: denying #9 Letter Request. An answer from Empire State Development Corporation remains due by 5/7/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/28/2020. (nmk) |
| Filing 10 RESPONSE TO LETTER BRIEF filed by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine as to #9 Letter Request/Motion, filed by Brian Doherty, Dark Storm Industries LLC, Kevin Schmucker . (Koster, Andrew) |
| Filing 9 Letter Motion from James M. Maloney for Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker requesting reset answer deadline for Defendant Empire State Development Corporation submitted to Judge Andrew T. Baxter, USMJ . (Maloney, James) |
| Filing 8 TEXT ORDER: Approving #7 Stipulation. The answers for defendants Andrew Cuomo, Empire State Development Corporation, and Elizabeth Ruth Fine are due by 5/7/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/22/2020. (nmk) |
| Filing 7 STIPULATION as to service jointly executed through counsel by Andrew Cuomo, Empire State Development Corporation, Elizabeth Ruth Fine, Esq. and by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker submitted to Judge Hon. Lawrence E. Kahn. (Maloney, James) |
| Filing 6 NOTICE of Appearance by Andrew W. Koster on behalf of All Defendants (Koster, Andrew) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Dark Storm Industries LLC. (Maloney, James) |
| ***Answer deadline set for Empire State Development Corporation to 4/24/2020. (jmb) |
| Filing 4 AFFIDAVIT of Service for complaint served on Empire State Development Corporation on 4/3/20, filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Maloney, James) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 6/29/2020 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/22/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 2 Summons Issued as to Andrew Cuomo. (Attachments: #1 Summons Issued for Empire State Development Corporation, #2 Summons Issued for Elizabeth Ruth Fine, Esq.)(jmb) |
| Filing 1 COMPLAINT: against Andrew Cuomo, Empire State Development Corporation and Elizabeth Ruth Fine (Filing fee $400 receipt number BNYNDC-5074542) filed by Dark Storm Industries LLC, Brian Doherty, Kevin Schmucker. (Attachments: #1 Civil Cover Sheet) (jmb) |
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