Bank v. New York State Department of Agriculture and Markets et al
| Todd C. Bank |
| New York State Department of Agriculture and Markets and Richard Ball |
| 5:2021cv00642 |
| June 2, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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Filing 37
MOTION to Dismiss for Failure to State a Claim filed by Richard Ball, New York State Department of Agriculture and Markets. Motion returnable before Judge D'Agostino Response to Motion due by 8/10/2021. Reply to Response to Motion due by 8/17/2021 (Attachments: #1 Declaration, #2 Memorandum of Law) (Arnold, William)
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AMENDED TEXT NOTICE RE-SETTING RESPONSE/REPLY DEADLINES re #37 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 8/16/2021, Reply to Response to Motion due by 8/23/2021. The Motion will be decided on the submission of the papers only. No personal appearances are necessary. (ban)
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TEXT NOTICE RE-SETTING RESPONSE/REPLY DEADLINES re #36 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 8/16/2021, Reply to Response to Motion due by 8/23/2021. The Motion will be decided on the submission of the papers only. No personal appearances are necessary. (ban)
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Filing 36
MOTION to Dismiss filed by Richard Ball, New York State Department of Agriculture and Markets. Motion returnable before Judge D'Agostino, MOTION to Dismiss for Failure to State a Claim filed by Richard Ball, New York State Department of Agriculture and Markets. Motion returnable before Judge D'Agostino Response to Motion due by 8/9/2021. Reply to Response to Motion due by 8/16/2021 (Arnold, William)
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Filing 35
TEXT ORDER re: #34 Letter Motion. The Rule 16 conference set for 7/16/2021 and 7/9/2021 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. So Ordered U.S. Magistrate Judge Andrew T. Baxter on 7/8/2021. [Copy served upon plaintiff Todd C. Bank via regular mail.](kmc)
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Filing 34
Letter Motion from William Arnold for Richard Ball, New York State Department of Agriculture and Markets requesting adjournment of R. 16 conference submitted to Judge Baxter . (Arnold, William)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 6/21/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Todd Bank, Esq. - Plaintiff; William Arnold, AAG for defendants; Judge D'Agostino addresses counsel regarding the defendant's pre-motion letter. The defendants are permitted to file their motion to dismiss on or before 7/19/21; When the motion is filed response and reply deadlines will be set automatically - Judge D'Agostino grants the plaintiff's request for 3 weeks to respond to the motion (the response and reply deadlines will need to be reset by the Court, once the motion is filed). (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 10:30 a.m. - 10:33 a.m..]) (ban)
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Filing 33
TEXT ORDER: Granting #32 Pro Se Motion to Obtain ECF Login and Password of Todd C. Bank: The Court has reviewed plaintiff's request for permission to electronically file documents via CM/ECF. Since Plaintiff has filed a certification as directed showing that he is in compliance with the Court's requirements, permission is granted for plaintiff to participate in electronic case filing. The Clerk is directed to assign plaintiff an ECF login and password. The Court may revoke these electronic filing privileges if it determines in its sole discretion that plaintiff's use of the system is not satisfactory. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/17/2021. [Copy served upon plaintiff Todd C. Bank via regular mail.] (kmc)
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Filing 32
Pro Se MOTION to Obtain ECF Login and Password filed by Todd C. Bank. Motions referred to Andrew T. Baxter. (hmr)
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Filing 31
Letter Motion from William Arnold for Richard Ball, New York State Department of Agriculture and Markets requesting extension of time to file motion to dismiss submitted to Judge Baxter . (Arnold, William)
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Filing 30
CERTIFICATE OF SERVICE by Richard Ball, New York State Department of Agriculture and Markets re #29 Notice of Appearance (Arnold, William)
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Filing 29
NOTICE of Appearance by William E. Arnold, IV on behalf of Richard Ball, New York State Department of Agriculture and Markets (Arnold, William)
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Filing 28
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 7/16/2021 at 10:00 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 7/9/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copy sent to all Attorneys by email} (jmb)
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Filing 27
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. {Attorneys served by regular email} (jmb)
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Filing 26
NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants; Attorney Roderick Leopold Arz. Esq., Email address is roderick.arz@ag.ny.gov. Phone number is 212-416-8633. Admissions due by 6/18/2021. {Copy sent to Attorney Arz by email} (jmb)
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Filing 25
NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants; Attorney Michele Simensky, Esq., Email address is michele.simensky@ag.ny.gov. Phone number is 516-965-7601. Admissions due by 6/18/2021. {Copy sent to Attorney Simensky by email} (jmb)
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Filing 24
NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiff (self); Attorney Todd C. Bank, Esq., Email address is tbank@toddbanklaw.com. Phone number is 718-520-7125. Admissions due by 6/18/2021. {Copy sent to Attorney Bank by email} (jmb)
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Filing 23
Case transferred in from District of New York Eastern; Case Number 1:20-cv-06191 electronically transferred when case opened. {Onondaga County} (jmb)
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Case transferred to District of Northern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 6/2/2021.]
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Filing 22
ORDER granting defendants' #14 Motion to Change Venue; denying defendants' #20 Motion for Pre Motion Conference without prejudice. For the reasons set forth in the attached Order, the Clerk of Court is respectfully directed to transfer this case to the U.S. District Court for the Northern District of New York. 28 U.S.C. 1404(a). The Clerk of the Court shall transfer this case after expiration of the period specified in Rule 83.1 of the Local Civil Rules of the Eastern District of New York. Defendants' motion #20 for a pre-motion conference in contemplation of a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) is denied without prejudice to renew in the Northern District of New York. Ordered by Judge Kiyo A. Matsumoto on 5/20/2021. (Tran, Alexander) [Transferred from New York Eastern on 6/2/2021.]
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Filing 21
RESPONSE to Motion re #20 MOTION for pre motion conference filed by Todd C. Bank. (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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Filing 20
MOTION for pre motion conference by Richard Ball, New York State Department of Agriculture and Markets. (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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ORDER granting #19 Motion for Extension of Time to File Response/Reply. With plaintiff's consent, the Court grants defendants an extension of time to respond to plaintiff's amended complaint to May 17, 2021. Ordered by Judge Kiyo A. Matsumoto on 5/3/2021. (Tran, Alexander) [Transferred from New York Eastern on 6/2/2021.]
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Filing 19
MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint by Richard Ball, New York State Department of Agriculture and Markets. (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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ORDER granting defendants' #18 Motion for Extension of Time to File Response/Reply. With plaintiff's consent, the Court grants defendants an extension of time to respond to plaintiff's amended complaint to whichever date falls first: (1) May 3, 2021, or (2) forty-five (45) days from the notice of entry of the motion to transfer venue decision. Ordered by Judge Kiyo A. Matsumoto on 3/9/2021. (Tran, Alexander) [Transferred from New York Eastern on 6/2/2021.]
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Filing 18
MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint by Richard Ball, New York State Department of Agriculture and Markets. (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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Filing 17
Letter Regarding Filings in Motion Package (ECF Docs. 14 -16) by Richard Ball, New York State Department of Agriculture and Markets (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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Filing 16
REPLY in Support re #14 First MOTION to Change Venue filed by All Defendants. (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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Filing 15
MEMORANDUM in Opposition re #14 First MOTION to Change Venue by Pro Se Plaintiff Todd Bank filed by All Defendants. (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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Filing 14
First MOTION to Change Venue by Richard Ball, New York State Department of Agriculture and Markets. (Attachments: #1 Memorandum in Support in Support of Motion to Transfer Venue, #2 Declaration in Support of Motion to Transfer Venue) (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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ORDER re #13 Letter filed by Richard Ball, New York State Department of Agriculture and Markets. With the parties consent, the Court adopts the proposed briefing schedule for defendants' motion to transfer venue. Defendants' motion to transfer venue should be served on plaintiff by 2/8/2021. The court adopts the remaining deadlines proposed in defendants' #13 letter. Only once the motion is fully-briefed should the parties upload all motion papers to ECF in logical order. Ordered by Judge Kiyo A. Matsumoto on 2/5/2021. (Tran, Alexander) [Transferred from New York Eastern on 6/2/2021.]
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Filing 13
Letter Proposing Briefing Schedule for Defendants' Motion to Transfer Venue by Richard Ball, New York State Department of Agriculture and Markets (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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Filing 12
AMENDED COMPLAINT against All Defendants, filed by Todd C. Bank. (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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Filing 11
NOTICE of Appearance by Michele Simensky on behalf of All Defendants (aty to be noticed) (Simensky, Michele) [Transferred from New York Eastern on 6/2/2021.]
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ORDER denying defendants' #9 Motion for Pre Motion Conference without prejudice. The Court will dispense with its usual requirement that the parties appear for a pre-motion conference prior to the filing of a motion. The parties are respectfully directed to jointly confer and submit a proposed briefing schedule to the court regarding defendants' motion to transfer venue by February 19, 2021. The court grants defendants' request for an extension of time to March 15, 2021 to respond to the complaint. Ordered by Judge Kiyo A. Matsumoto on 1/14/2021. (Tran, Alexander) [Transferred from New York Eastern on 6/2/2021.]
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Filing 10
RESPONSE to Motion re #9 Letter MOTION for pre motion conference and for extension of time filed by Todd C. Bank. (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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Filing 9
Letter MOTION for pre motion conference and for extension of time by Richard Ball, New York State Department of Agriculture and Markets. (Arz, Roderick) [Transferred from New York Eastern on 6/2/2021.]
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Filing 8
NOTICE of Appearance by Roderick Leopold Arz on behalf of Richard Ball, New York State Department of Agriculture and Markets (aty to be noticed) (Arz, Roderick) [Transferred from New York Eastern on 6/2/2021.]
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Filing 7
SUMMONS Returned Executed by Todd C. Bank. All Defendants. (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 6/2/2021.]
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Filing 5
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 6/2/2021.]
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Filing 4
Summons Issued as to All Defendants. (Attachments: #1 Ball summons) (Bowens, Priscilla) [Transferred from New York Eastern on 6/2/2021.]
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Case Assigned to Judge Kiyo A. Matsumoto and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 6/2/2021.]
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Filing 3
Civil Cover Sheet.. by Todd C. Bank (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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Filing 2
Proposed Summons. by Todd C. Bank (Attachments: #1 Proposed Summons) (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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Filing 1
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-13872060 Was the Disclosure Statement on Civil Cover Sheet completed -n,, filed by Todd C. Bank. (Bank, Todd) [Transferred from New York Eastern on 6/2/2021.]
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