American Institute of Indian Studies v. Hoffman
| American Institute of Indian Studies |
| Peter M Hoffman |
| Estate of Sally Grossman |
| NYS NYS Office of the Attorney General |
| 1:2021cv01145 |
| October 19, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| Frederick J Scullin |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #43 Notice of Appeal (khr)
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Filing 43
NOTICE OF APPEAL as to #42 Order,,, by Peter M Hoffman. Filing fee $ 505, receipt number ANYNDC-5747227. (Castiglione, Joseph)
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Filing 42
MEMORANDUM DECISION AND ORDER: It is hereby ORDERED that this action is REMANDED to the Surrogate's Court of the State of New York, County of Ulster for all further proceedings. It is further ORDERED that the parties may submit letter briefs not exceeding ten pages by January 4, 2022, addressing whether related case Hoffman v. Am. Inst. of Indian Studies, No. 21-cv-1105, should be dismissed pursuant to the probate exception or, alternatively, under the principles of Colorado River abstention. It is further ORDERED that the Clerk is directed to file a copy of this order in the related case Hoffman v. Am. Inst. of Indian Studies, No. 21-cv-1105. Signed by Judge Brenda K. Sannes on 12/8/2021. [Copy served upon Surrogate's Court of the State of New York, County of Ulster via regular mail.] (nmk)
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Filing 41
LETTER BRIEF in Response to Hoffman's 11-19-21 Letter Brief by NYS NYS Office of the Attorney General. (Courtney, Nathan)
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Filing 40
LETTER BRIEF by Peter M Hoffman. (Castiglione, Joseph)
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Filing 39
LETTER BRIEF in response to Hoffman's 11-19-21 letter brief by American Institute of Indian Studies. (Coffey, Daniel)
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Filing 38
TEXT ORDER: granting #36 and #37 Letter Requests. Both the plaintiff and the intervenor are granted leave to file sur-replies to the #35 letter, not to exceed 5 pages in length, by 11/30/2021. So Ordered by Judge Brenda K. Sannes on 11/23/2021. (nmk)
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Filing 37
Letter Motion from NYS Attorney General for NYS NYS Office of the Attorney General requesting Leave to file sur-reply submitted to Judge Sannes . (Courtney, Nathan)
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Filing 36
Letter Motion from Daniel W. Coffey, Esq. for American Institute of Indian Studies requesting permission to file responsive letter submitted to Judge Sannes . (Coffey, Daniel)
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Filing 35
LETTER BRIEF Reply Brief by Peter M Hoffman. (Castiglione, Joseph)
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Filing 34
TEXT ORDER: granting #29 Letter Request. Defendant Hoffman may file a reply, not to exceed 12 pages in length, by 11/22/2021. So Ordered by Judge Brenda K. Sannes on 11/18/2021. (nmk)
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Filing 33
NOTICE of Appearance by Nathan Mcallister Courtney on behalf of NYS NYS Office of the Attorney General (Courtney, Nathan)
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Filing 32
TEXT ORDER: Granting #31 Motion for Limited Admission Pro Hac Vice for attorney Nathan M. Courtney. 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. Attorney Courtney is hereby admitted to practice in this action on behalf of party. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/18/2021. (kmc)
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Filing 31
MOTION for Limited Admission Pro Hac Vice of Nathan M. Courtney Filing fee $100, receipt number ANYNDC-5716702. (Attachments: #1 Declaration Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Affidavit Attorney Affidavit, #5 Attorney Certificate of Good Standing, #6 Proposed Order/Judgment (Proposed) Order Admission to Practice Pro Hac Vice) Motions referred to Andrew T. Baxter. (Sheehan, James)
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Filing 30
TEXT ORDER: The Rule 16 conference set for 11/22/2021 and 11/15/2021 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #9 Motion for Temporary Restraining Order. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/17/2021. (kmc)
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Filing 29
Letter Motion from Joseph F. Castiglione for Peter M Hoffman requesting Request for Permission to File Reply submitted to Judge Hon. Brenda K. Sannes . (Castiglione, Joseph)
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Filing 28
AFFIDAVIT in Opposition re #9 MOTION for Temporary Restraining Order filed by NYS NYS Office of the Attorney General. (Attachments: #1 Exhibit(s) AG's NOA e/o S. Grossman 10 04 2021, #2 Exhibit(s) A. Grossman - Hoffman Ltrs of Trusteeship, #3 Exhibit(s) Grossman Sale Petition 05 27 2004, #4 Exhibit(s) Grossman Sale Decree 08 09 2004, #5 Exhibit(s) Hoffman Consent to Probate S. Grossman, #6 Exhibit(s) S. Grossman Probate Decree, #7 Exhibit(s) Letter to Court from Denvir, #8 Exhibit(s) Email to Hoffman and Rusk)(Sheehan, James)
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Filing 27
AFFIDAVIT in Opposition re #9 MOTION for Temporary Restraining Order filed by NYS NYS Office of the Attorney General. (Sheehan, James)
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Filing 26
MEMORANDUM OF LAW Letter Brief filed by NYS NYS Office of the Attorney General. (Sheehan, James)
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Filing 25
LETTER BRIEF responding to Hoffman letter motion of 11-12-21 by American Institute of Indian Studies. (Coffey, Daniel)
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Filing 24
MEMORANDUM OF LAW filed by American Institute of Indian Studies. (Coffey, Daniel)
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Filing 23
AFFIDAVIT in Opposition re #9 MOTION for Temporary Restraining Order filed by American Institute of Indian Studies. (Attachments: #1 Exhibit(s) A - 10-19-21 Hofffman letter, #2 Exhibit(s) B - 10-21-21 UCSC Order, #3 Exhibit(s) C - 10-21-21 UCSC email 12:33pm, #4 Exhibit(s) D - 10-21-21 USCS email 1:27 pm, #5 Exhibit(s) E - 10-26-21 Judge McGinty letter, #6 Exhibit(s) F - Bousseau unreported decision, #7 Exhibit(s) G - Horbal unreported decision, #8 Exhibit(s) H Steele unreported decision, #9 Exhibit(s) I Mercer unreported decision, #10 Exhibit(s) J Johnson unreported decision, #11 Exhibit(s) K Ludwig unreported decision)(Coffey, Daniel)
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Filing 22
AFFIDAVIT in Opposition re #9 MOTION for Temporary Restraining Order filed by American Institute of Indian Studies. (Coffey, Daniel)
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Filing 21
AFFIDAVIT in Opposition re #9 MOTION for Temporary Restraining Order filed by American Institute of Indian Studies. (Coffey, Daniel)
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Filing 20
LETTER BRIEF to Judge Sannes by American Institute of Indian Studies. (Coffey, Daniel)
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Filing 19
Letter Motion from Joseph F. Castiglione for Peter M Hoffman requesting a pre-motion conference submitted to Judge Brenda K. Sannes . (Castiglione, Joseph)
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Filing 18
AFFIDAVIT of Service for Motion papers and Text Order served on American Institute of Indian Studies on 10/29/2021, filed by Peter M Hoffman. (Castiglione, Joseph)
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Filing 17
NOTICE of Appearance by Daniel W. Coffey on behalf of American Institute of Indian Studies (Coffey, Daniel)
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Filing 16
CERTIFICATE OF SERVICE by Peter M Hoffman re #15 LETTER BRIEF (Castiglione, Joseph)
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Filing 15
LETTER BRIEF by Peter M Hoffman. (Attachments: #1 Exhibit(s) Business Search from IL Secretary of State website)(Castiglione, Joseph)
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Filing 14
AFFIDAVIT of Service for Motion papers and Text Order served on Sean J. Denvir, Esq. on 10/26/2021, filed by Peter M Hoffman. (Castiglione, Joseph)
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Filing 13
AFFIDAVIT of Service for Motion papers and Text Order served on Attorney Sean J. Denvir on 10/25/2021, 10/26/2021 and 10/27/2021, filed by Peter M Hoffman. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Castiglione, Joseph)
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Filing 12
TEXT ORDER: The Court has reviewed Respondent Peter M. Hoffman's motion for a temporary restraining order #9 . Respondent is directed to serve the motion papers and a copy of this Text Order upon the Petitioner American Institute of Indian Studies by email and overnight mail delivery to their counsel, Sean J. Denvir, Esq., Ryan, Roach & Ryan, and file an affidavit of service by 10/29/2021. Respondent is also directed to file and serve by 11/1/2021, a letter brief addressing, with citation to relevant caselaw, (1) the basis for this Court's diversity jurisdiction, and (2) whether this Court should decline subject matter jurisdiction under the probate exception. Lefkowitz v. Bank of N.Y., 528 F.3d 102, 105 (2d Cir. 2007) ("A federal court should decline subject matter jurisdiction under the probate exception only if a plaintiff seeks to: (1) administer an estate, probate a will, or accomplish any other purely probate matter; or (2) reach a res in the custody of a state court."). Petitioner may file a response to Respondent's motion and letter brief addressing jurisdiction by 11/15/2021. So Ordered by Judge Brenda K. Sannes on 10/26/2021. (nmk)
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Filing 11
AFFIDAVIT in Support re #9 MOTION for Temporary Restraining Order filed by Peter M Hoffman. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Castiglione, Joseph)
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Brenda K. Sannes for all further proceedings. Signed by Chief Judge Glenn T. Suddaby on 10/26/2021. (khr)
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Filing 9
MOTION for Temporary Restraining Order by Peter M Hoffman. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Exhibit(s) Exhibit C, #6 Exhibit(s) Exhibit D, #7 Exhibit(s) Exhibit E, #8 Exhibit(s) Exhibit F, #9 Exhibit(s) Exhibit G, #10 Exhibit(s) Exhibit H, #11 Exhibit(s) Exhibit I, #12 Exhibit(s) Exhibit J, #13 Exhibit(s) Exhibit K, #14 Exhibit(s) Exhibit L)(Castiglione, Joseph)
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Filing 8
TEXT ORDER authorizing the direct assignment of this case. Case 21-cv-1105 is deemed related to this case.. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 10/22/2021. (bjw, )
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Filing 7
CERTIFICATE OF SERVICE by Peter M Hoffman re #1 Notice of Removal (Castiglione, Joseph)
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Filing 6
CERTIFICATE OF SERVICE by Peter M Hoffman re #1 Notice of Removal (Castiglione, Joseph)
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Filing 5
TEXT-ONLY NOTICE TO REFILE MOTIONS IN REMOVAL ACTION - This action was removed to federal court. Pursuant to NYND Local Rule 81.3, the Court will not consider a motion that a party filed in the lower court unless that party refiles the motion in this court in accordance with NYND Local Rule 7.1.http://www.nynd.uscourts.gov/sites/nynd/files/2015_LOCAL_RULES.pdf (khr)
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TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:21-cv-1105. (khr)
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Filing 4
G.O. 25 FILING ORDER ISSUED: All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. Initial Conference set for 11/22/2021 11:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/15/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
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Filing 3
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Sean J. Denvir, Ryan Roach & Ryan LLP, PO Box 3153, Kingston, NY 12402,. Phone number is 845-331-2525. Admissions due by 11/3/2021. (khr)(Mailed copy of letter on 10/21/2021)
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Filing 2
PETITION AND ORDER TO SHOW CAUSE filed in Surrogate's Court of the State of New York, County of Ulster relating to #1 Notice of Removal. (khr)
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Filing 1
NOTICE OF REMOVAL from Surrogate's Court-Ulster County, case number 2021-207 (Filing fee $402 receipt number ANYNDC-5685783) filed by Peter M Hoffman. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(khr)
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