Trump et al v. James
| Donald J. Trump and Trump Organization LLC |
| Letitia James |
| 1:2021cv01352 |
| December 20, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 41 TRANSCRIPT of Proceedings: Video Motion Hearing held on 5/13/2022 before Judge Brenda K. Sannes, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/18/2022. Notice of Intent to Redact due by 7/25/2022 (jlh, ) |
| Filing 40 TRANSCRIPT REQUEST by Letitia James for proceedings held on 5/12/2022 before Judge Brenda K. Sannes.. (Faherty, Colleen) |
| Filing 39 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #38 Notice of Appeal. (hmr) |
| Filing 38 NOTICE OF APPEAL as to #37 Judgment, #36 Order on Motion for Preliminary Injunction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Subject Matter Jurisdiction,, by Donald J. Trump, Trump Organization LLC. Filing fee $ 505, receipt number ANYNDC-5918951. (Habba, Alina) |
| Filing 37 JUDGMENT: It is ORDERED and ADJUDGED that Defendant's motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) based upon the Younger abstention doctrine (Dkt. No. #14 ) is GRANTED, and the complaint is dismissed without prejudice. It is further ORDERED that Plaintiffs' motion for a preliminary injunction (Dkt. No. #6 ) is DENIED as moot. (nmk) |
Filing 36
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Defendant's motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) based upon the Younger abstention doctrine (Dkt. No. #14 ) is GRANTED, and the complaint is dismissed without prejudice. It is further ORDERED that Plaintiffs' motion for a preliminary injunction (Dkt. No. #6 ) is DENIED as moot, and the Clerk of Court is respectfully requested to close this case. Signed by Judge Brenda K. Sannes on 5/27/2022. (nmk)
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| Filing 35 NOTICE by Letitia James re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Notice to provide the Court with supplemental information concerning the the New York Proceeding, specifically related to the portion of the proceeding that has been under review on appeal with the First Department (Attachments: #1 Exhibit(s) 1)(Faherty, Colleen) |
| TEXT Minute Entry for Motion Hearing held on 5/13/2022 held via Microsoft Teams before Judge Brenda K. Sannes re #6 motion for a preliminary injunction and #14 Defendant's motion to dismiss: After a lengthy discussion, questioning counsel and allowing supplemental arguments, the court reserves decision. A written order will be issued. Appearances: Alina Habba, Esq. and Michael Adaio, Esq. for plaintiffs; Andrew Amer, Esq. and Colleen Faherty, Esq. for defendant. (Court Reporter: Jodi Hibbard. Time: 10:00 AM - 11:00 AM) (nmk) |
| Filing 34 NOTICE of Appearance by Michael T Madaio on behalf of Donald J. Trump, Trump Organization LLC (Madaio, Michael) |
| Filing 33 NOTICE by Letitia James re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Notice to provide the Court with further, supplemental information concerning the procedural posture of the New York Proceeding (Attachments: #1 Exhibit(s) 1)(Faherty, Colleen) |
| Filing 32 NOTICE by Letitia James re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Notice to provide the Court with supplemental information concerning the procedural posture of the New York Proceeding (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Faherty, Colleen) |
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Filing 31
TEXT ORDER: Defendant's request for oral argument #14 is granted. Oral argument on the pending motions #6 , #14 is set for 5/13/2022 at 10:00 AM via Microsoft Teams. The parties should be prepared to address: (1) whether the New York proceeding is a pending state civil enforcement proceeding "akin to a criminal prosecution in important respects," see Smith & Wesson Brands, Inc. v. Attorney General of New Jersey, 27 F.4th 886 (3d Cir. 2022); (2) whether the New York proceeding involves orders "uniquely in furtherance of the state courts' ability to perform their judicial functions" in light of the recent contempt ruling, see Cavanaugh v. Geballe, 28 F.4th 428 (2d Cir. 2022); and (3) the issues raised by Plaintiffs' most recent submission (Dkt. No. 30). SO ORDERED by Judge Brenda K. Sannes on 4/29/2022. (nmk)
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| Filing 30 LETTER BRIEF by Donald J. Trump, Trump Organization LLC. (Attachments: #1 Declaration Declaration of Alina Habba, #2 Exhibit(s) Exhibit A - Hearing Transcript)(Habba, Alina) |
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Filing 29
TEXT ORDER: The Court has reviewed the parties' submissions in connection with Plaintiffs' motion for a preliminary injunction (Dkt. No. #6 ) and Defendant's motion to dismiss (Dkt. No. #14 ). Plaintiffs are directed to file, by April 15, 2022, a letter brief not to exceed 15 pages which (1) addresses Defendant's argument that the orders issued in the New York proceeding, including the February 17, 2022 order denying the motion to quash, are "final appealable judgments that have preclusive effect" (Dkt. No. #24 , at 13); and (2) explains, with supporting authority, why Plaintiffs could not raise the constitutional issues or relief they seek in this action in the state proceeding (e.g., Dkt. No. #21 , at 22, 23). SO ORDERED by Judge Brenda K. Sannes on March 30, 2022. (rep)
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| Filing 28 NOTICE by Letitia James re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Notice of a factual development pertinent to Defendant's motion to dismiss (Attachments: #1 Exhibit(s) A - 3-28-22 NY Proceeding Order)(Amer, Andrew) |
| Filing 27 NOTICE by Letitia James re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Notice of supplemental authority (Faherty, Colleen) |
| Filing 26 NOTICE by Letitia James re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Notice of a development pertinent to Defendant's motion to dismiss (Attachments: #1 Exhibit(s) A - notice of appeal)(Faherty, Colleen) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #25 Reply Affidavit in Support of Motion, #24 REPLY, Clerk updated docket text to reflect that these two docket entries are Defendants Reply to the #14 Motion to Dismiss not the Response. (ztc, ) |
| Filing 25 REPLY AFFIDAVIT re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Reply Declaration of Colleen K. Faherty filed by Letitia James. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Faherty, Colleen) Modified on 2/24/2022 to reflect that this is part of Defendant's Reply(ztc, ). |
| Filing 24 REPLY to #21 RESPONSE re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes REPLY Memorandum of Law filed by Letitia James. (Faherty, Colleen) Modified on 2/24/2022 to reflect that this is Defendants Reply not Response (ztc, ). |
| Filing 23 EXHIBIT A to Declaration (Dkt. 21-1) by Donald J. Trump, Trump Organization LLC re #21 RESPONSE in Opposition re 14 MOTION to Dismiss for Failure to State a Claim (Habba, Alina) (Main Document 23 replaced on 2/18/2022) (egr). Modified on 2/18/2022 (egr). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #23 EXHIBIT A to Declaration (Dkt. 21-1). Main document replaced at request of Plaintiff's Attorney to include full Exhibit A rather than previous 1 page document; provided to Clerk via e-mail attachment. Docket Entry association changed to reflect Docket 21 rather than Docket 22. (egr) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #21 Response in Opposition to Motion: Clerk replaced attachment 1 - Declaration with a corrected Declaration which has the correct motion (motion to dismiss instead of motion for preliminary injunction) listed in paragraph 2. (hmr) |
| Filing 22 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Donald J. Trump, Trump Organization LLC. Motion returnable before Judge Brenda K. Sannes filed by Donald J. Trump, Trump Organization LLC. (Habba, Alina) |
| Filing 21 RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes filed by Donald J. Trump, Trump Organization LLC. (Attachments: #1 Declaration)(Habba, Alina) (Attachment 1 replaced on 2/18/2022) (hmr, ). |
| Filing 20 TEXT NOTICE: The Rule 16 Initial Conference scheduled for March 21, 2022 at 9:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
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Filing 19
TEXT ORDER: granting #18 letter request. Plaintiffs may file an oversized memorandum of law, not to exceed 30 pages in length, in response to the #14 motion to dismiss. Further, plaintiffs may file a reply, not to exceed 10 pages in length, regarding their #8 motion for preliminary injunction. Both filings are due by 2/16/2022. SO ORDERED by Judge Brenda K. Sannes on 2/4/2022. (nmk)
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| Filing 18 Letter Motion from Alina Habba, Esq. for Donald J. Trump, Trump Organization LLC requesting 5-page extension of the 25-page limit, permission to file a reply brief in response to Defendants opposition to the preliminary injunction motion, and permission for Plaintiffs reply brief to Defendants motion to dismiss be due on February 16, 2022 submitted to Judge Brenda K. Sannes . (Habba, Alina) |
| Filing 17 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by Donald J. Trump, Trump Organization LLC. Motion returnable before Judge Brenda K. Sannes filed by Letitia James. (Amer, Andrew) |
| Filing 16 AFFIDAVIT in Support re #14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes filed by Letitia James. (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)(Faherty, Colleen) |
| Filing 15 MEMORANDUM OF LAW re #14 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Subject Matter Jurisdiction, filed by Letitia James. (Faherty, Colleen) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim filed by Letitia James. Motion returnable before Judge Brenda K. Sannes, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Letitia James. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 2/16/2022. Reply to Response to Motion due by 2/23/2022 (Faherty, Colleen) |
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Filing 13
TEXT ORDER: granting #12 letter motion requesting an extension of the 25 page limit. Defendant may file an oversized brief, not to exceed 30 pages in length, in support of a motion to dismiss. SO ORDERED by Judge Brenda K. Sannes on 1/26/2022. (nmk)
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| Filing 12 Letter Motion from AAG Colleen K. Faherty for Letitia James requesting 5-page extension of the 25-page limit submitted to Judge Brenda K. Sannes . (Faherty, Colleen) |
| Filing 11 NOTICE of Appearance by Andrew Amer on behalf of Letitia James (Amer, Andrew) |
| Filing 10 NOTICE of Appearance by Kevin C. Wallace on behalf of Letitia James (Wallace, Kevin) |
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Filing 9
TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Andrew Stuart Amer, Esq. 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. Authorized by Magistrate Judge Christian F. Hummel on 1/12/2022. (tab)
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| Filing 8 MOTION for Limited Admission Pro Hac Vice of Andrew Stuart Amer Filing fee $100, receipt number ANYNDC-5768507. (Attachments: #1 Declaration Declaration of Colleen K. Faherty, #2 Exhibit(s) Petition for admission, #3 Exhibit(s) Attorney registration form, #4 Exhibit(s) Certificate of good standing, #5 Proposed Order/Judgment Proposed order for pro hac vice admission) Motions referred to Christian F. Hummel. (Faherty, Colleen) |
| Filing 7 NOTICE of Appearance by Colleen K Faherty on behalf of Letitia James (Faherty, Colleen) |
| Filing 6 MOTION for Preliminary Injunction filed by Donald J. Trump, Trump Organization LLC. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 1/31/2022. Reply to Response to Motion due by 2/7/2022 (Attachments: #1 Declaration, #2 Memorandum of Law, #3 Proposed Order/Judgment) (Habba, Alina) (Additional attachment(s) added on 1/10/2022: #4 Exhibit(s) A) (egr, ). (Attachment 4 replaced on 1/10/2022) (egr, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #6 Motion for Preliminary Injunction, filed by Donald J. Trump, Trump Organization LLC - Clerk added Exhibit A, which was to have been filed at time of motion - received via email from Plaintiff's Attorney's. (egr) |
| Filing 5 AFFIDAVIT of Service for Summons, Complaint, and Civil Cover Sheet served on LETITIA JAMES on 01/05/2022, filed by Donald J. Trump, Trump Organization LLC. (Habba, Alina) |
| ***Answer due date updated for Letitia James answer due 1/26/2022. (hmr) |
| Filing 4 Summons Issued as to Letitia James. (hmr) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #3 Request for Issuance of Summons(es): Clerk replaced this document with a completed document, the original proposed summons did not have the attorney's name and address listed on it. (hmr) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS(ES): Donald J. Trump, Trump Organization LLC is requesting summons(es) be issued as to (Habba, Alina) (Main Document 3 replaced on 12/22/2021) (hmr, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY #3: Clerk deleted DKT Entry #3 Letter as it was filed in error. (gmd, ) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/21/2022 at 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/14/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF with Jury Demand against Letitia James (Filing fee $402 receipt number ANYNDC-5748409) filed by Donald J. Trump, Trump Organization LLC. (Attachments: #1 Civil Cover Sheet)(hmr) |
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