Weissbrod Gurvey v. Hochul et al
| Amy R. Weissbrod Gurvey |
| Hon. Kathy Hochul, Hon. Letitia James, Hon. Joseph A. Zayas, Hon. Laura Taylor Swain, Kevin O'Toole, Brian O'Dwyer and Frank Hoare |
| 1:2024cv00211 |
| February 13, 2024 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Anne M Nardacci |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| None |
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| Filing 7 TEXT ORDER: The Court has reviewed Plaintiff's Complaint, Dkt. No. #1 , and Motion by order to show cause for a Preliminary Injunction, Dkt. No. #3 . Local Rule 7.1(e) requires a moving party to "include an affidavit clearly and specifically showing good and sufficient cause why the standard motion procedure (i.e., advanced notice, 21 days for an opposition, and 7 days for a reply) cannot be used," and to "give reasonable advanced notice of the application for an Order to Show Cause to the other parties, except in those circumstances where the movant demonstrates, in a detailed and specific affidavit, good cause why reasonable advanced notice cannot be used, and substantial prejudice that would result from the requirement of reasonable advanced notice." N.D.N.Y. L.R. 7.1(e). There is no indication in Plaintiff's papers that Defendants were served or given reasonable advanced notice of Plaintiff's request for preliminary injunctive relief. Nor has Plaintiff made a showing of "good and sufficient cause why the standard motion procedure cannot be used" including any substantial prejudice that would result from compliance with the requirement. Cf. Dkt. No. #1 at 7-34. (Plaintiff's "Statements in Support of Order to Show Cause and Complaint" address neither urgency of the requested relief, nor prejudice that might result should the relief be denied.). Furthermore, Plaintiffs application does not comply with the form and substance requirements for moving papers contained in Local Rule 7.1(b)(1) and (2). Accordingly, Plaintiff's Motion by order to show cause for a Preliminary Injunction, Dkt. No. #3 , is DENIED without prejudice to refiling. Any refiling should comply with all applicable Rules, including (a) proof of service on all parties; (b) an affidavit showing (i) good cause why the standard motion procedure cannot be used; and (ii) if reasonable advanced notice is not possible, detailed and specific reasons why advanced notice cannot be used and the substantial prejudice that would result from providing reasonable advanced notice; and (c) the motion papers required by Local Rule 7.1(b). SO ORDERED by U.S. District Judge Anne M. Nardacci on 2/16/2024. (Copy mailed to pro se plaintiff). (mab) |
| Filing 6 PRO SE HANDBOOK, NOTICE, and LOCAL RULES issued to Amy R. Weissbrod Gurvey via Regular Mail. (ztc) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/14/2024 at 09:30 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 5/7/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) |
| Filing 4 Report on the Filing of an Action regarding patent numbers 11,403,566; D647,910; and 7,603,321. (ztc) |
| Filing 3 MOTION for Preliminary Injunction filed by Amy R. Weissbrod Gurvey. Motion returnable before Judge Anne M. Nardacci. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(ztc) |
| Filing 2 Summons Issued as to Kathy Hochul. (Attachments: #1 Summons issued as to Letitia James, #2 Summons issued as to Joseph A. Zayas, #3 Summons issued as to Laura Taylor Swain, #4 Summons issued as to Kevin O'Toole, #5 Summons issued as to Brian O'Dwyer, #6 Summons issued as to Frank Hoare)(ztc) |
| Filing 1 COMPLAINT against Frank Hoare, Kathy Hochul, Letitia James, Brian O'Dwyer, Kevin O'Toole, Laura Taylor Swain, Joseph A. Zayas (Filing fee $405 receipt number 100000385) filed by Amy R. Weissbrod Gurvey. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(ztc) |
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