Dave & Buster's, Inc. v. Cuomo
Plaintiff: Dave & Buster's, Inc.
Defendant: Andrew M. Cuomo
Case Number: 1:2021cv00128
Filed: February 3, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Mae A D'Agostino
Referring Judge: Miroslav Lovric
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Opinion or Order Filing 30 Stipulation and ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by U.S. District Judge Mae A. D'Agostino on 3/31/21. (ban)
March 31, 2021 Filing 29 STIPULATION of Dismissal pursuant to Rule 41(a)(1)(ii) and without prejudice by Dave & Buster's, Inc. submitted to Judge Miroslav Lovric. (Wood, Julia)
March 5, 2021 Filing 28 REPLY to Response to Motion re #13 MOTION for Preliminary Injunction filed by Dave & Buster's, Inc.. (Attachments: #1 Declaration of Joe DeProspero)(Wood, Julia)
March 5, 2021 Filing 27 ANSWER to #1 Complaint by Andrew M. Cuomo.(Kerwin, Adrienne)
March 1, 2021 Opinion or Order Filing 26 TEXT ORDER: Letter Motion #22 is GRANTED. Defendant is directed to file an answer or otherwise respond to the complaint by 3/5/2021. All other schedules and deadlines remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/1/2021. (jdp )
February 26, 2021 Filing 25 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Part 3 (final) filed by Andrew M. Cuomo. (Attachments: #1 Exhibit(s) BBB, #2 Exhibit(s) CCC part 1, #3 Exhibit(s) CCC part 2, #4 Exhibit(s) CCC part 3, #5 Exhibit(s) DDD, #6 Exhibit(s) EEE, #7 Exhibit(s) FFF, #8 Exhibit(s) GGG, #9 Exhibit(s) HHH, #10 Exhibit(s) III, #11 Memorandum of Law)(Kerwin, Adrienne)
February 26, 2021 Filing 24 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Part 2 filed by Andrew M. Cuomo. (Attachments: #1 Exhibit(s) BB, #2 Exhibit(s) CC, #3 Exhibit(s) DD, #4 Exhibit(s) EE, #5 Exhibit(s) FF, #6 Exhibit(s) GG, #7 Exhibit(s) HH, #8 Exhibit(s) II, #9 Exhibit(s) JJ, #10 Exhibit(s) KK, #11 Exhibit(s) LL, #12 Exhibit(s) MM, #13 Exhibit(s) NN, #14 Exhibit(s) OO, #15 Exhibit(s) PP, #16 Exhibit(s) QQ, #17 Exhibit(s) RR, #18 Exhibit(s) SS, #19 Exhibit(s) TT, #20 Exhibit(s) UU, #21 Exhibit(s) VV, #22 Exhibit(s) WW, #23 Exhibit(s) XX, #24 Exhibit(s) YY, #25 Exhibit(s) ZZ)(Kerwin, Adrienne)
February 26, 2021 Filing 23 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Part 1 filed by Andrew M. Cuomo. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V, #23 Exhibit(s) W, #24 Exhibit(s) X, #25 Exhibit(s) Y, #26 Exhibit(s) Z)(Kerwin, Adrienne)
February 26, 2021 Filing 22 Letter Motion from Adrienne J. Kerwin for Andrew M. Cuomo requesting extension of time to respond to the complaint submitted to Judge Lovric . (Kerwin, Adrienne)
February 10, 2021 Filing 21 NOTICE of Appearance by Brian M. Lipshutz on behalf of Dave & Buster's, Inc. (Lipshutz, Brian)
February 10, 2021 Filing 20 NOTICE of Appearance by Kannon K. Shanmugam on behalf of Dave & Buster's, Inc. (Shanmugam, Kannon)
February 9, 2021 Filing 19 SUMMONS Returned Executed by Dave & Buster's, Inc.. (Wood, Julia)
February 9, 2021 Filing 18 SUMMONS Returned Executed by Dave & Buster's, Inc.. Andrew M. Cuomo served on 2/5/2021, answer due 2/26/2021. (Wood, Julia)
February 8, 2021 Filing 17 NOTICE of Appearance by Helena O. Pederson on behalf of Andrew M. Cuomo (Pederson, Helena)
February 8, 2021 Filing 16 NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo (Kerwin, Adrienne)
February 8, 2021 Opinion or Order Filing 15 ORDER granting #10 Motion for Limited Admission Pro Hac Vice. 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. Signed by Magistrate Judge Miroslav Lovric on 2/8/2021. (jdp, )
February 8, 2021 Opinion or Order Filing 14 ORDER granting #9 Motion for Limited Admission Pro Hac Vice. 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. Signed by Magistrate Judge Miroslav Lovric on 2/8/2021. (jdp, )
February 5, 2021 Filing 13 MOTION for Preliminary Injunction Response to Motion due by 2/26/2021. Reply to Response to Motion due by 3/5/2021 filed by Dave & Buster's, Inc.. (Attachments: #1 Memorandum of Law, #2 Declaration of Julia Tarver Mason Wood, #3 Exhibit 1 - Complaint, #4 Proposed Order) (Wood, Julia)
February 5, 2021 Filing 12 TEXT ORDER granting Plaintiff permission to file its motion for a preliminary injunction. Plaintiff commenced this case on February 4, 2021, alleging that Defendant's closure of its business due to the COVID-19 pandemic, while permitting other comparable businesses to remain open, is arbitrary and violates the First and Fourteenth Amendments to the United States Constitution. See Dkt. No. 1. In a letter dated February 5, 2021, Plaintiff seeks permission to file a motion for a preliminary injunction. See Dkt. No. 11. Although a summons have been issued, Defendant has not yet made an appearance in this action. Having reviewed Plaintiff's letter, the Court hereby ORDERS that Plaintiff is permitted to file its motion for a preliminary injunction. Once Defendant has made an appearance in this action, the Court will set an expedited briefing schedule on Plaintiff's motion. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 2/5/21. (ban)
February 5, 2021 Filing 11 Letter Motion from Julia Tarver Mason Wood for Dave & Buster's, Inc. requesting Pre-Motion Conference submitted to Judge Mae A. D'Agostino . (Wood, Julia)
February 5, 2021 Filing 10 MOTION for Limited Admission Pro Hac Vice of Brian M. Lipshutz Filing fee $100, receipt number ANYNDC-5409499. filed by Dave & Buster's, Inc.. (Attachments: #1 Declaration of Julia T.M. Wood, #2 Petition for Admission, #3 DC Certificate of Good Standing, #4 Proposed Order, #5 ECF Attorney Registration Form) Motions referred to Miroslav Lovric. (Wood, Julia)
February 5, 2021 Filing 9 MOTION for Limited Admission Pro Hac Vice of Kannon K. Shanmugam Filing fee $100, receipt number ANYNDC-5409489. filed by Dave & Buster's, Inc.. (Attachments: #1 Declaration of Julia T.M. Wood, #2 Petition for Admission, #3 DC Certificate of Good Standing, #4 Proposed Order, #5 ECF Attorney Registration Form) Motions referred to Miroslav Lovric. (Wood, Julia)
February 4, 2021 Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Dave & Buster's, Inc. identifying Corporate Parent Dave & Buster's Holdings, Inc., Corporate Parent Dave & Buster's Entertainment, Inc., Other Affiliate Vanguard, Other Affiliate Blackrock, Inc. for Dave & Buster's, Inc... (Wood, Julia)
February 4, 2021 Filing 7 Summons Issued as to Attorney General of New York. (khr)
February 4, 2021 Filing 6 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (pjh, )
February 4, 2021 Filing 5 NOTICE of Admission Requirement as to Attorney Kannon K. Shanmugam. Email address is kshanmugam@paulweiss.com. Phone number is 202-223-7300. Admissions due by 2/18/2021. {Notice served upon attorney via e-mail}(pjh, )
February 4, 2021 Filing 4 NOTICE of Admission Requirement as to Attorney Brian Lipshutz. Phone number is 202-223-7300. Admissions due by 2/18/2021. {Notice served upon attorney via regular mail}(pjh, )
February 4, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 5/12/2021 at 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/5/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
February 4, 2021 Filing 2 Summons Issued as to Andrew M. Cuomo. (pjh, )
February 3, 2021 Filing 1 COMPLAINT WITH JURY DEMAND against Andrew M. Cuomo (Filing fee $402 receipt number ANYNDC-5407525) filed by Dave & Buster's, Inc. (Attachments: #1 Civil Cover Sheet)(pjh, )

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Defendant: Andrew M. Cuomo
Represented By: Adrienne J. Kerwin
Represented By: Helena O. Pederson
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Plaintiff: Dave & Buster's, Inc.
Represented By: Julia Tarver Mason Wood
Represented By: Brian M. Lipshutz
Represented By: Kannon K. Shanmugam
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