American Patriot Express et al v. The City of Glens Falls, New York et al
| Dave Vanscoy, E.S., Florence Sherman and American Patriot Express |
| Daniel Hall, The City of Glens Falls, New York, Robert Curtis and Anthony Lydon |
| 1:2020cv00672 |
| June 16, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| 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 September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 ANSWER to #1 Complaint, by Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York.(Johnson, Gregg) |
| Reset Deadlines as to #37 MOTION for Reconsideration re #33 Order on Motion for TRO, pursuant to FRCP 59(e). Motion Hearing is reset for 9/18/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Motion return date moved to correspond with Judge Kahn's motion calendar noted in the Local Rules & General Order 25. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas) |
| Filing 37 MOTION for Reconsideration re #33 Order on Motion for TRO, pursuant to FRCP 59(e) Motion Hearing set for 9/17/2020 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 8/31/2020 filed by Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York. (Attachments: #1 Memorandum of Law) (Johnson, Gregg) |
Filing 36
TEXT ORDER setting Answer deadline and rescheduling the Rule 16, Initial Conference:, Robert Curtis answer due 8/11/2020; Daniel Hall answer due 8/11/2020; Anthony Lydon answer due 8/11/2020; The City of Glens Falls, New York answer due 8/11/2020. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/8/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference is reset for 9/14/2020 @ 9:30 AM by telephone. Counsel 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 7/28/2020. (tab)
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Filing 35
TEXT ORDER: The Court has received Defendants' letter request, Dkt. No. 34, to withdraw their pending motion to dismiss without prejudice, Dkt. No. 24. Defendants' request is GRANTED. Signed by Senior Judge Lawrence E. Kahn on July 24, 2020. (sas)
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| Filing 34 Letter Motion from Loraine C. Jelinek, Esq. for Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York requesting to Withdraw MTD w/o prejudice submitted to Judge Hon. Lawrence E. Kahn, Sr. USDJ . (Jelinek, Loraine) |
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Filing 33
MEMORANDUM-DECISION and ORDER - That Plaintiffs' motion for a preliminary injunction (Dkt. No. 4) is GRANTED with respect to 87-2(B), 87-3(A)(13), 87-4, 87-5, and 87.6. That Defendants are hereby enjoined and restrained, until further order of the Court, from enforcing these provisions. That Plaintiffs' motion is otherwise DENIED. Signed by Senior Judge Lawrence E. Kahn on 7/22/2020. (jel, )
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Filing 32
TEXT ORDER: The Court has reviewed Plaintiffs' motion to amend, Dkt. No. 31, their reply memorandum of law, Dkt. No. 30, to add a missing page. Plaintiffs' motion is GRANTED. Issued by Senior Judge Lawrence E. Kahn on 7/20/2020. (jel, )
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| Filing 31 MOTION to Amend/Correct reply memo of law filed by American Patriot Express, E.S., Florence Sherman, Dave Vanscoy. (Attachments: #1 Memorandum of Law) Motions referred to Christian F. Hummel. (Marcelle, Thomas) |
| Filing 30 REPLY to Response to Motion re #24 MOTION to Dismiss for Failure to State a Claim and in opposition to motion for a preliminary injunction filed by American Patriot Express, E.S., Florence Sherman, Dave Vanscoy. (Attachments: #1 Affirmation, #2 Declaration)(Marcelle, Thomas) |
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Filing 29
TEXT ORDER: The Court has received Plaintiffs' letter, Dkt. No. 28, requesting clarification of the Court's text order, Dkt. No. 26, setting a briefing schedule with respect to Defendants' motion to dismiss, Dkt. No. 24. The Court clarifies that Plaintiffs' reply to Defendants' motion in opposition to a preliminary injunction is still due on July 17, 2020. Plaintiffs' response to Defendants' motion to dismiss is due on July 27, 2020. Signed by Senior Judge Lawrence E. Kahn on July 16, 2020. (sas)
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| Filing 28 Letter Motion from Thomas Marcelle for American Patriot Express, E.S., Florence Sherman, Dave Vanscoy requesting clarification of Text Order (DKT #25) submitted to Judge Kahn . (Marcelle, Thomas) |
| Filing 27 TEXT NOTICE from the chambers of US District Judge, Lawrence E. Kahn: As a reminder, ALL of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. This notice is in regard to #24 motion for a preliminary injunction (sas) |
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Filing 26
TEXT ORDER: The Court has reviewed Defendants' opposition to Plaintiffs' motion for a preliminary injunction and notes that it includes a motion to dismiss. Dkt. No. 24. Plaintiffs are directed to submit a response to Defendants' motion to dismiss by July 27, 2020. Defendants are directed to submit a reply by July 31, 2020. Setting Hearing on Motion #24 MOTION to Dismiss for Failure to State a Claim and in opposition to motion for a preliminary injunction. Response to Motion due by 7/27/2020. Reply to Response to Motion due by 7/31/2020. Motion Hearing is set for 8/7/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on July 15, 2020. (sas)
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| Filing 25 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 9/14/2020 at 9:30 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. (tab) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #24 Motion to Dismiss for Failure to State a Claim: Clerk added "Cross" to this docket entry. (hmr) |
| Filing 24 CROSS-MOTION to Dismiss for Failure to State a Claim and in opposition to motion for a preliminary injunction Motion Hearing set for 7/21/2020 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 7/6/2020 Reply to Response to Motion due by 7/10/2020. filed by Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York. (Attachments: #1 Declaration Defendant Lydon, #2 Declaration Defendant Curtis, #3 Declaration Loraine C. Jelinek, Esq., #4 Exhibit(s) A (2nd Amd FB Post), #5 Exhibit(s) B (Demonstration Permit Application), #6 Exhibit(s) C (CPD Code), #7 Exhibit(s) D (US Census Quick Facts), #8 Exhibit(s) E (Chicago Facts & Statistics), #9 Exhibit(s) F (Chicago PD Annual Report), #10 Exhibit(s) G (map of City), #11 Memorandum of Law In support of 12(b) motion and in opposition to motion for a preliminary injunction (Dkt. 4)) (Jelinek, Loraine) Modified on 7/14/2020 (hmr, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #23 Affidavit of Service: Clerk added "The City of Glens Falls, New York, Daniel Hall, Anthony Lydon and Robert Curtis" to this docket entry. (hmr) |
| ***Answer due date updated for Robert Curtis answer due 7/16/2020; Daniel Hall answer due 7/16/2020; Anthony Lydon answer due 7/16/2020; The City of Glens Falls, New York answer due 7/16/2020. (hmr) |
| Filing 23 AFFIDAVIT of Service for Summons and Complaint served on Mr. Ron Newell, Esq. for The City of Glens Falls, New York, Daniel Hall, Anthony Lydon and Robert Curtis on June 25, 2020, filed by American Patriot Express, E.S., Florence Sherman, Dave Vanscoy. (Marcelle, Thomas) Modified on 7/13/2020 (hmr). |
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Filing 22
TEXT ORDER: The Court has reviewed Plaintiffs' request for an extension of time to file a reply. Dkt. No. 21. Plaintiffs' request is denied. Signed by Senior Judge Lawrence E. Kahn on July 06, 2020. (sas)
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| Filing 21 First MOTION for Extension of Time to File Response/Reply as to 20 Order on Letter Request,, filed by American Patriot Express, E.S., Florence Sherman, Dave Vanscoy. Motions referred to Christian F. Hummel. (Marcelle, Thomas) |
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Filing 20
TEXT ORDER: The Court has received Defendants' letter request for an extension of time, Dkt. No. 18, to file a response to Plaintiffs' motion for a preliminary injunction, Dkt. No. 4. Defendants are directed to file a response by July 13, 2020. Plaintiffs are directed to file a reply by July 17, 2020. Because the Court has granted Defendants this extension, thus precluding a decision on Plaintiffs' motion for a preliminary injunction within 14 days, see F.R.C.P. 65(b)(2), the temporary restraining order, Dkt. No. 16, will remain in effect until a decision is rendered on Plaintiffs' motion for a preliminary injunction. Signed by Senior Judge Lawrence E. Kahn on June 29, 2020. (sas)
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| Filing 19 RESPONSE TO LETTER BRIEF filed by American Patriot Express, E.S., Florence Sherman, Dave Vanscoy as to #18 Letter Request/Motion filed by Daniel Hall, Anthony Lydon, The City of Glens Falls, New York, Robert Curtis . (Giangreco, Adam) |
| Filing 18 Letter Motion from Loraine C. Jelinek, Esq. for Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York requesting 45-day extension submitted to Judge Hon. Lawrence E. Kahn, Sr. USDJ . (Jelinek, Loraine) |
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Filing 17
TEXT ORDER: Having granted Plaintiffs' motion for a temporary restraining order, see Dkt. No. 16, the Court directs Defendants to submit a response to Plaintiffs' motion for a preliminary injunction, Dkt. No. 4, by July 1, 2020. Plaintiffs are directed to file a reply by July 6, 2020. Signed by Senior Judge Lawrence E. Kahn on June 24, 2020. (sas)
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Filing 16
MEMORANDUM-DECISION AND ORDERED, that Plaintiffs motion for a temporary restraining order (Dkt. No. 4) is GRANTED with respect to 87-2(B), 87-3(A)(13), 87-4, 87-5, and 87-6; and it is further ORDERED, that Defendants are hereby temporarily enjoined and restrained, until further order of the Court, from enforcing these provisions; and it is further ORDERED, that Plaintiffs motion is otherwise DENIED. Signed by Senior Judge Lawrence E. Kahn on June 24, 2020. (sas)
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| Filing 15 NOTICE of Appearance by Loraine Clare Jelinek on behalf of All Defendants (Jelinek, Loraine) |
| Filing 14 NOTICE of Appearance by April J. Laws on behalf of All Defendants (Laws, April) |
| Filing 13 NOTICE of Appearance by Gregg T. Johnson on behalf of All Defendants (Johnson, Gregg) |
| Filing 12 REPLY to Response to Motion re #4 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Reply Affirmation filed by American Patriot Express, Florence Sherman, Dave Vanscoy. (Marcelle, Thomas) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #11 Affidavit: Clerk added "Supplemental" to this docket entry. (hmr) |
| Filing 11 SUPPLEMENTAL AFFIDAVIT by The City of Glens Falls, New York. (Newell, Ronald) Modified on 6/22/2020 (hmr). |
| Filing 10 AFFIDAVIT by The City of Glens Falls, New York. (Newell, Ronald) |
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Filing 9
TEXT ORDER: The Court has received Defendants' letter requesting an extension of the response deadline. Dkt. No. 7. Defendants' request is denied. Signed by Senior Judge Lawrence E. Kahn on June 17, 2020. (sas)
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| Filing 8 RESPONSE TO LETTER BRIEF filed by American Patriot Express, E.S., Florence Sherman, Dave Vanscoy as to #7 Letter Request/Motion filed by The City of Glens Falls, New York . (Giangreco, Adam) |
| Filing 7 Letter Motion from Ronald L. Newell, Esq. for The City of Glens Falls, New York requesting Extension of Time submitted to Judge Kahn . (Newell, Ronald) |
| Filing 6 AFFIDAVIT re 5 Order,,, Service required by text order by American Patriot Express, Florence Sherman, Dave Vanscoy. (Marcelle, Thomas) |
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Filing 5
TEXT ORDER: The Court has reviewed Plaintiffs' emergency motion for a temporary restraining order, which Plaintiffs brought via application for an order to show cause. Dkt. Nos. 4 ("Motion"); 4-1 ("Marcelle Affidavit"). The Court has reviewed the Marcelle Affidavit and finds that it "clearly and specifically show[s] good and sufficient cause why the standard Notice of Motion procedure cannot be used." See L.R. 7.1(e). The Court grants Plaintiffs' order to show cause. Defendants are directed to submit a response by June 19, 2020. Plaintiffs' are directed to submit a reply by June 22, 2020. The Motion will be decided on the submission of the papers only; no oral arguments will be entertained. Plaintiffs are directed to serve Defendants with the Complaint, Dkt. No. 1, and Motion by June 17, 2020 at 1 PM. Signed by Senior Judge Lawrence E. Kahn on June 16, 2020. (sas)
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| Filing 4 Emergency MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by American Patriot Express, Florence Sherman, Dave Vanscoy. (Attachments: #1 Affirmation Thomas Marcelle, #2 Memorandum of Law with appendix)(Marcelle, Thomas) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/14/2020 at 09:30 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 9/8/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 Summonses Issued as to Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York. (Attachments: #1 Summons Issued for Daniel Hall, #2 Summons Issued for Anthony Lydon, #3 Summons Issued for Robert Curtis)(hmr) |
| Filing 1 COMPLAINT against Robert Curtis, Daniel Hall, Anthony Lydon, The City of Glens Falls, New York (Filing fee $400 receipt number ANYNDC-5144549) filed by Dave Vanscoy, American Patriot Express, Florence Sherman, E.S.. (Attachments: #1 Civil Cover Sheet)(hmr) |
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