Dave & Buster's, Inc. v. Cuomo
Dave & Buster's, Inc. |
Andrew M. Cuomo |
1:2021cv00128 |
February 3, 2021 |
US District Court for the Northern District of New York |
Mae A D'Agostino |
Miroslav Lovric |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
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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) |
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) |
Filing 27 ANSWER to #1 Complaint by Andrew M. Cuomo.(Kerwin, Adrienne) |
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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) |
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) |
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) |
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) |
Filing 21 NOTICE of Appearance by Brian M. Lipshutz on behalf of Dave & Buster's, Inc. (Lipshutz, Brian) |
Filing 20 NOTICE of Appearance by Kannon K. Shanmugam on behalf of Dave & Buster's, Inc. (Shanmugam, Kannon) |
Filing 19 SUMMONS Returned Executed by Dave & Buster's, Inc.. (Wood, Julia) |
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) |
Filing 17 NOTICE of Appearance by Helena O. Pederson on behalf of Andrew M. Cuomo (Pederson, Helena) |
Filing 16 NOTICE of Appearance by Adrienne J. Kerwin on behalf of Andrew M. Cuomo (Kerwin, Adrienne) |
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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) |
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) |
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) |
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) |
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) |
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) |
Filing 7 Summons Issued as to Attorney General of New York. (khr) |
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, ) |
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, ) |
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, ) |
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, ) |
Filing 2 Summons Issued as to Andrew M. Cuomo. (pjh, ) |
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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