Lebanon Valley Auto Racing Corp. et al v. Cuomo et al
Plaintiff: Genessee Speedway, LLC, Fonda Speedway, Albany Saratoga Speedway, Lebanon Valley Auto Racing Corp. and Airborne Speedway
Defendant: Letitia James and Andrew M. Cuomo
Case Number: 1:2020cv00804
Filed: July 16, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Lawrence E Kahn
2 Judge: Gary L Sharpe
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2020 Filing 21 JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED and judgment is entered in favor of the Defendants as against the Plaintiffs, in accordance with the MEMORANDUM-DECISION AND ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated August 11, 2020. (sas)
August 11, 2020 Opinion or Order Filing 20 MEMORANDUM-DECISION AND ORDERED, that Defendants motion to dismiss (Dkt. No. 15-2) is GRANTED; and it is further ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED without prejudice; and it is Further ORDERED, that Plaintiffs motion for a temporary restraining order and preliminary injunction (Dkt. No. 4) is DENIED as moot. Signed by Senior Judge Lawrence E. Kahn on August 11, 2020. (sas)
August 3, 2020 Filing 19 LETTER BRIEF ltr brief to Court Aug 3 by Lebanon Valley Auto Racing Corp.. (McGuire, Kenneth)
August 3, 2020 Filing 18 LETTER BRIEF in response to the Court's 8/3/20 text order by Andrew M. Cuomo, Letitia James. (Attachments: #1 Enclosure)(Kerwin, Adrienne)
August 3, 2020 Opinion or Order Filing 17 TEXT ORDER: Having reviewed the parties' briefing on Plaintiffs' motion for a temporary restraining order and preliminary injunction, Dkt. No. 4, and Defendants' cross-motion to dismiss, Dkt. No. 15-2, the Court notes that New York's restriction on spectators at Plaintiffs' facilities appears to have expired on August 2, 2020. See New York Executive Order 202.47 (extending the prohibition on racetrack spectators found in Executive Order 202.32 until August 2, 2020). The Court requests that Defendants submit a letter by August 3, 2020 setting forth their position on whether the spectator prohibition remains in effect and whether Plaintiffs' lawsuit has become moot. Plaintiffs may respond to Defendants' letter by August 4, 2020. Signed by Senior Judge Lawrence E. Kahn on August 03, 2020. (sas)
July 29, 2020 Filing 16 AFFIDAVIT reply to def response by Lebanon Valley Auto Racing Corp.. (McGuire, Kenneth)
July 27, 2020 Filing 15 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Andrew M. Cuomo, Letitia James. (Attachments: #1 Exhibit(s) to Hutton Decl., #2 Memorandum of Law)(Kerwin, Adrienne)
July 27, 2020 CLERK'S CORRECTION OF DOCKET ENTRY re #11 Response to Motion and #10 Response to Motion. Changed the events of both entries to Motion to Dismiss so that they would appear as pending motions. Also noted in docket text that they are Cross-Motions. (see)
July 27, 2020 Opinion or Order Filing 14 TEXT ORDER: On July 24, 2020, Defendants filed their opposition to Plaintiffs' motion for a temporary restraining order and preliminary injunction. Dkt. No. 11 ("Opposition"). On July 26, 2020, Defendants filed a letter motion asking to supplement their Opposition to incorporate an additional declaration. Dkt. No. 13. The Court GRANTS Defendants' letter motion and orders them to file their supplemental response by July 27, 2020. Plaintiffs' reply to Defendants' Opposition shall now be due July 30, 2020. Signed by Senior Judge Lawrence E. Kahn on July 27, 2020. (sas)
July 26, 2020 Filing 13 Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo, Letitia James requesting permission to supplement response in opposition to plaintiffs' motion for injunctive reliedf submitted to Judge Kahn . (Kerwin, Adrienne)
July 26, 2020 Filing 12 NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo, Letitia James (Kerwin, Adrienne)
July 24, 2020 Filing 11 Correct CROSS-MOTION and RESPONSE in Opposition re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order and Cross-Motion to Dismiss the Complaint filed by Andrew M. Cuomo, Letitia James. (Attachments: #1 Declaration of Helena O. Pederson, #2 Declaration of Adrienne J. Kerwin, #3 Exhibit(s) to Kerwin Declaration, #4 Memorandum of Law, #5 Certificate of Service)(Pederson, Helena) Modified on 7/27/2020, Corrects the #10 Cross-Motion by including Exhibit A to Kerwin Declaration. (see)
July 24, 2020 Filing 10 CROSS-MOTION and RESPONSE in Opposition re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order and Cross-Motion to Dismiss the Complaint filed by Andrew M. Cuomo, Letitia James. (Attachments: #1 Declaration of Helena O. Pederson, #2 Declaration of Adrienne J. Kerwin, #3 Memorandum of Law, #4 Certificate of Service)(Pederson, Helena) Modified on 7/27/2020 (see, ).
July 24, 2020 Filing 9 NOTICE of Appearance by Helena O. Pederson on behalf of All Defendants (Pederson, Helena)
July 24, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS(ES): Lebanon Valley Auto Racing Corp. is requesting summons(es) be issued as to (McGuire, Kenneth)
July 17, 2020 Opinion or Order Filing 7 TEXT ORDER: The Court has received Plaintiffs' motion for a preliminary injunction and a temporary restraining order. Dkt. No. 4 ("Motion"). Plaintiffs shall complete service on Defendants by 5:00 pm on July 17, 2020 and file an affidavit of service with the Court that same day. Defendants' response to the Motion shall be due by July 24, 2020. Plaintiffs' reply shall be due by July 29, 2020. Signed by Senior Judge Lawrence E. Kahn on July 17, 2020. (sas)
July 17, 2020 Filing 6 NOTICE by Lebanon Valley Auto Racing Corp. (McGuire, Kenneth)
July 17, 2020 Opinion or Order Filing 5 ORDER OF REASSIGNMENT. Case randomly reassigned to Senior Judge Lawrence E. Kahn for all further proceedings. The case remains assigned to Magistrate Judge Therese Wiley Dancks. Senior Judge Gary L. Sharpe no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/17/2020. (see)
July 16, 2020 Filing 4 MOTION for Preliminary Injunction and Temporary Restraining Order by Airborne Speedway, Albany Saratoga Speedway, Fonda Speedway, Genessee Speedway, LLC, and Lebanon Valley Auto Racing Corp.(see)
July 16, 2020 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/19/2020 at 11:00 AM by telephone 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 10/13/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
July 16, 2020 Filing 2 Summonses Issued as to Andrew M. Cuomo and Letitia James. (Attachments: #1 Summons for Letitia James)(see)
July 16, 2020 Filing 1 COMPLAINT against Andrew M. Cuomo and Letitia James (Filing fee $400 receipt number ANYNDC-5175824) filed by Lebanon Valley Auto Racing Corp., Genessee Speedway, LLC, Albany Saratoga Speedway, Fonda Speedway, and Airborne Speedway. (Attachments: #1 Civil Cover Sheet)(see)

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Plaintiff: Genessee Speedway, LLC
Represented By: Kenneth J. McGuire, Jr.
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Plaintiff: Fonda Speedway
Represented By: Kenneth J. McGuire, Jr.
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Plaintiff: Albany Saratoga Speedway
Represented By: Kenneth J. McGuire, Jr.
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Plaintiff: Lebanon Valley Auto Racing Corp.
Represented By: Kenneth J. McGuire, Jr.
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Plaintiff: Airborne Speedway
Represented By: Kenneth J. McGuire, Jr.
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Defendant: Letitia James
Represented By: Helena O. Pederson
Represented By: Adrienne J. Kerwin
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Defendant: Andrew M. Cuomo
Represented By: Helena O. Pederson
Represented By: Adrienne J. Kerwin
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