Moxie Owl, Inc. v. Cuomo et al
| Moxie Owl, Inc. doing business as The Yard Hatchet House & Bar |
| Vincent G. Bradley, Lily M. Fan, Andrew Cuomo and Greeley T. Ford |
| 1:2021cv00194 |
| February 19, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 21
Stipulation and ORDER OF VOLUNTARY DISMISSAL. Signed by U.S. District Judge Mae A. D'Agostino on 4/14/21. (ban)
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| Filing 20 NOTICE of Voluntary Dismissal by Moxie Owl, Inc. (Knox, James) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim filed by Vincent G. Bradley, Andrew Cuomo, Lily M. Fan, Greeley T. Ford. Motion returnable before Judge D'Agostino Response to Motion due by 4/13/2021. Reply to Response to Motion due by 4/20/2021 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1 - DOH Guidance dated Feb. 23 2021, #3 Exhibit(s) 2- State Liquor Authority's Frequently Asked Questions, #4 Exhibit(s) 3 - DOH Guidance dated Nov. 9 2020) (Koster, Andrew) |
| Filing 18 MEMORANDUM-DECISION AND ORDER denying #6 Motion for Preliminary Injunction. Signed by U.S. District Judge Mae A. D'Agostino on 3/18/21. (ban) |
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Filing 17
TEXT ORDER granting Defendants' #16 Letter Request seeking an extension of time to file a response to Plaintiff's Complaint in this matter. Defendants shall file their response on or before March 23, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/12/2021. (mab)
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| Filing 16 Letter Motion from AAG Andrew W. Koster for Vincent G. Bradley, Andrew Cuomo, Lily M. Fan, Greeley T. Ford requesting Extension to Respond to the Complaint submitted to Judge Stewart . (Koster, Andrew) |
| Filing 15 REPLY to Response to Motion re #3 and #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Moxie Owl, Inc.. (Nociolo, Julie) |
| Filing 14 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by Vincent G. Bradley, Andrew Cuomo, Lily M. Fan, Greeley T. Ford. (Attachments: #1 Declaration Decl. of Dr. Emily Lutterloh, #2 Exhibit(s) A - WHO Report, #3 Exhibit(s) B - WHO Report, #4 Exhibit(s) C - WHO Statement, #5 Exhibit(s) D - WHO Director Remarks, #6 Exhibit(s) E - US Nat'l Emergency, #7 Exhibit(s) F - EO 202, #8 Exhibit(s) G - EO 202.1, #9 Exhibit(s) H - EO 202.3, #10 Exhibit(s) I - EO 202.4, #11 Exhibit(s) J - EO 202.5, #12 Exhibit(s) K - EO 202.6, #13 Exhibit(s) L - ESD Guidance, #14 Exhibit(s) M - NY PAUSE Plan, #15 Exhibit(s) N - EO 202.10, #16 Exhibit(s) O - EO 202.16, #17 Exhibit(s) P - EO 202.17, #18 Exhibit(s) Q - NY Fwd Guide, #19 Exhibit(s) R - EO 202.34, #20 Exhibit(s) S - EO 202.36, #21 Exhibit(s) T - Entertainment Guidance, #22 Exhibit(s) U - Sports & Rec Summary, #23 Exhibit(s) V - Sports & Rec Guidance, #24 Exhibit(s) W - EO 202.48, #25 Exhibit(s) X - EO 202.57, #26 Exhibit(s) Y - EO 202.60, #27 Exhibit(s) Z - EO 202.95, #28 Exhibit(s) AA - Gov Announcement, #29 Exhibit(s) BB - Gov Update, #30 Exhibit(s) CC - CDC Variants, #31 Exhibit(s) DD - CDC Variants, #32 Exhibit(s) EE - Gov Announcement, #33 Exhibit(s) FF - Liquor Authority FAQ, #34 Exhibit(s) GG - Gov Announcement, #35 Exhibit(s) HH - Gov Update, #36 Exhibit(s) II - Gov Update, #37 Exhibit(s) JJ - WHO Brief, #38 Exhibit(s) KK - WHO Q&A, #39 Exhibit(s) LL - CDC Statement, #40 Exhibit(s) MM - CDC Cleaning, #41 Exhibit(s) NN - CDC Symptoms, #42 Exhibit(s) OO - CDC Social Distancing, #43 Exhibit(s) PP - Wong Research Report, #44 Exhibit(s) QQ - The Hill, #45 Exhibit(s) RR - CDC Brief, #46 Exhibit(s) SS - Seattle Times South Korea Study, #47 Exhibit(s) TT - Kwon Research Report, #48 Exhibit(s) UU - Lu Research Report, #49 Exhibit(s) VV - NPR, #50 Exhibit(s) WW - NY Times, #51 Exhibit(s) XX - Chang Research Report, #52 Exhibit(s) YY - EPA Report)(Koster, Andrew) |
| Filing 13 AFFIDAVIT of Service for Summons, Complaint, Civil Case Management Plan Packet, Order to Show Cause and Order of Judge Mae D'Agostino served on Greeley T. Ford on 02/23/2021, filed by Moxie Owl, Inc.. (Knox, James) |
| Filing 12 AFFIDAVIT of Service for Summons, Complaint, Civil Case Management Plan Packet, Order to Show Cause and Order of Judge Mae D'Agostino served on Lily M. Fan on 02/23/2021, filed by Moxie Owl, Inc.. (Knox, James) |
| Filing 11 AFFIDAVIT of Service for Summons, Complaint, Civil Case Management Plan Packet, Order to Show Cause and Order of Judge Mae D'Agostino served on Vincent G. Bradley on 02/23/2021, filed by Moxie Owl, Inc.. (Knox, James) |
| Filing 10 AFFIDAVIT of Service for Summons, Complaint, Civil Case Management Plan Packet, Order to Show Cause and Order of Judge Mae D'Agostino served on Andrew Cuomo on 02/23/2021, filed by Moxie Owl, Inc.. (Knox, James) |
| Filing 9 NOTICE of Appearance by Andrew W. Koster on behalf of All Defendants (Koster, Andrew) |
| ***Answer due date updated for Vincent G. Bradley answer due 3/16/2021; Andrew Cuomo answer due 3/16/2021; Lily M. Fan answer due 3/16/2021; Greeley T. Ford answer due 3/16/2021. (see) |
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Filing 8
ORDER denying #3 #6 Motion for TRO: The Court hereby ORDERS that Plaintiff's motion for a temporary restraining order is DENIED; and the Court further ORDERS that Plaintiff's motion for preliminary injunctive relief shall be heard on anexpedited basis; and the Court further ORDERS that Defendants' response to the motion for a preliminary injunctive shall be filed on or before Wednesday, March 3, 2021; and the Court further ORDERS that Plaintiff's reply shall be filed on or before Monday, March 8, 2021; and the Court further ORDERS that the Clerk of the Court shall confer with counsel for the parties to set a hearing on the pending motion for a preliminary injunction; and the Court further ORDERS that person service of a copy of this Order, together with the complaint and pending motion, shall be deemed good and sufficient service; and the Court further ORDERS that Plaintiff shall serve Defendants with the complaint, pending motion, and this Order no later than Wednesday, February 24, 2021. Signed by U.S. District Judge Mae A. D'Agostino on 2/22/21. (ban)
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| Filing 7 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. (see) |
| Filing 6 Emergency MOTION for Preliminary Injunction by Moxie Owl, Inc.. (Attachments: #1 Affidavit of Julie A. Nociolo, Esq. in Support of Plaintiff's Motion for a Temporary Restraining Order & Preliminary Injunction under FRCP Rule 65, #2 Exhibit(s) 1 (Declaration of Leyla Kiosse) to the Affidavit of Julie A. Nociolo. Esq. in Support of Plaintiff's Motion for a Temporary Restraining Order & Preliminary Injunction under FRCP Rule 65, #3 Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order & Preliminary Injunction under FRCP Rule 65)(Nociolo, Julie) Modified on 2/22/2021 (ban). |
| Filing 5 TEXT ORDER temporarily denying #3 Motion for Preliminary Injunction; temporarily denying #3 Motion for TRO. On February 19, 2021, Plaintiff commenced this action seeking redress against Defendants due to the imposition and enforcement of an allegedly unconstitutional prohibition against serving alcohol at axe-throwing establishments in violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and Article I, Section 11, of the New York State Constitution. See Dkt. No. 1. Plaintiff moved by order to show cause for a temporary restraining order and preliminary injunction seeking to enjoin Defendants from enforcing this prohibition during the pendency of this action. See Dkt. No. 3. Pursuant to Local Rule 65.1, "[a] party may seek a temporary restraining order by Notice of Motion or Order to Show Cause, as appropriate." N.D.N.Y. L.R. 65.1. While parties are permitted to move by either a Notice of Motion or Order to Show Cause, a party seeking a temporary restraining order or preliminary injunction must include the following: "a copy of the complaint, if the case has been recently filed; a memorandum of law; and a proposed order granting the injunctive relief." Id. Although Plaintiff included its complaint and a proposed order, no memorandum of law was included with Plaintiff's motion. Accordingly, Plaintiff's motion for a temporary restraining order and preliminary injunction is DENIED without prejudice. Once Plaintiff has filed its memorandum of law (and any other documents required by the Local Rules), the Court will issue the proposed Order to Show Cause, setting forth the briefing schedule for the renewed motion for injunctive relief. The Court makes no finding whether it will be appropriate to issue the proposed order granting temporary injunctive relief without notice. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 02/20/2021. (bto) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/20/2021 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/13/2021. (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 3 MOTION for Preliminary Injunction and Temporary Restraining Order by Moxie Owl, Inc. (Attachments: #1 Proposed Order)(pjh, ) |
| Filing 2 Summons Issued as to Andrew Cuomo. (Attachments: #1 Summons Issued as to Vincent G. Bradley, #2 Summons Issued as to Lily M. Fan, #3 Summons Issued as to Greeley T. Ford)(pjh, ) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Vincent G. Bradley, Andrew Cuomo, Lily M. Fan and Greeley T. Ford (Filing fee $402 receipt number ANYNDC-5428125) filed by Moxie Owl, Inc. (Attachments: #1 Exhibit A - 500 Foot Law Hearing Report, #2 Exhibit B - E-mail correspondence, #3 Civil Cover Sheet)(pjh, ) |
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