New Hope Family Services, Inc. v. James et al
| New Hope Family Services, Inc. |
| Letitia James, Licha Nyiendo, Melissa Franco, Gina Martinez, Julia Day and William Fitzpatrick |
| 5:2021cv01031 |
| September 17, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.
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Filing 33
TEXT ORDER: In light of the pending motion for preliminary injunction (Dkt. No. #31 ) and the anticipated cross-motion of defendants to dismiss (see Text Minute Entry 10/25/2021), the Rule 16 conference and related deadlines are adjourned and will be reset as necessary in the future. While the dates for defendants Nyiendo, Franco, Martinez, and Day to respond to the complaint have passed, for clarification the Court sets the time for all defendants to respond to the complaint to the date the cross-motion to dismiss is due which, per Dkt. No. 31, is 11/16/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/4/2021. (sg)
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Filing 32
NOTICE by William Fitzpatrick that William Fitzpatrick does not intend to oppose the motion for a preliminary injunction (Dkt. No. 31) filed by New Hope Family Services, Inc. (Heisler, John)
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Filing 31
MOTION for Preliminary Injunction filed by New Hope Family Services, Inc.. Motion returnable before Judge D'Agostino Response to Motion due by 11/16/2021. Reply to Response to Motion due by 11/23/2021 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1- Lippelmann Declaration, #3 Exhibit(s) 2- Geyer Affidavit, #4 Exhibit(s) 3- Jerman Affidavit, #5 Exhibit(s) 4- Loscombe Affidavit, #6 Exhibit(s) 5- E. Bleuer Affidavit, #7 Exhibit(s) 6- Stultz Affidavit, #8 Exhibit(s) 7- Johnston Affidavit, #9 Exhibit(s) 8- J. Bleuer Affidavit, #10 Proposed Order/Judgment) (Lippelmann, Mark)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 10/25/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Roger Brooks, Esq. and Mark Lippelmann, Esq. for the Plaintiff; Adrienne Kerwin, AAG for NYS Defendants; John Heisler, Jr., Esq. for defendant Fitzpatrick; Judge D'Agostino addresses the pre-motion letters filed by the plaintiff and NYS Defendants; Counsel address the Court with their justifications for making motions at this stage of the case - after hearing from counsel, Judge D'Agostino will permit the Plaintiff's to file their motion for injunctive relief. The plaintiff's motion will be filed this week; The NYS defendants will cross-move to dismiss; Defendant Fitzpatrick has already filed an answer to the complaint, and does not intend to make any motions at this time; The Motion will be expedited, if possible. (Court Reporter Lisa Tennyson,CRD Britney Norton [Time 11:00/11:15 a.m. - 11:28 a.m.]) (ban)
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Filing 30
Pre-Motion Response to #28 Pre-Motion Letter by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo requesting a pre-motion conference submitted to Judge D'Agostino . (Brooks, Roger)
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Filing 29
NOTICE of Appearance by David A. Cortman on behalf of New Hope Family Services, Inc. (Cortman, David)
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Filing 28
Pre-Motion Letter by Julia Day, Melissa Franco, Letitia James, Gina Martinez, Licha Nyiendo requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 10/22/2021 (Kerwin, Adrienne)
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***Answer due date updated for Melissa Franco answer due 11/2/2021; Gina Martinez answer due 11/2/2021; Licha Nyiendo answer due 11/2/2021. (ztc, )
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Filing 27
AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Melissa Franco on 10/12/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark)
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Filing 26
AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Licha Nyiendo on 10/12/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark)
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Filing 25
AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Gina Martinez on 10/12/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark)
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***Answer due date updated for Julia Day answer due 10/27/2021. (ztc, )
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Filing 24
AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Julia Day on 10/06/21, filed by New Hope Family Services, Inc.. (Lippelmann, Mark)
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Filing 23
Pre-Motion Letter by New Hope Family Services, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 10/20/2021 (Lippelmann, Mark)
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Filing 22
TEXT ORDER: Court has reviewed letter motion (Dkt. No. #20 ) requesting an extension of time for defendant James to respond to the complaint which is granted as follows: defendant James' response to the complaint is due 11/15/2021. Plaintiff is directed to file affidavits of service for defendants Nyiendo, Martinez, and Day by 10/20/2021 if they have already been served, and if not, then within seven (7) days of effectuating service on those defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/15/2021. (sg)
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Filing 21
ANSWER to #1 Complaint, by William Fitzpatrick.(Heisler, John)
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Filing 20
Letter Motion from Adrienne J. Kerwin for Letitia James requesting extension of time to respond to the Complaint submitted to Judge Dancks . (Kerwin, Adrienne)
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Filing 19
NOTICE of Appearance by John E. Heisler, Jr on behalf of William Fitzpatrick (Heisler, John)
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CLERK'S CORRECTION OF DOCKET ENTRY re Set/Reset Answer Deadline, Clerk inadvertently set the Answer deadline for 10/27/2021 for Def. Letitia James. The correct answer deadline is 10/15/2021. (ztc, )
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***Answer due date updated for William Fitzpatrick answer due 10/15/2021; Letitia James answer due 10/15/2021. (ztc, )
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***Answer due date updated for Letitia James answer due 10/27/2021. (ztc, )
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Filing 18
AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on William Fitzpatrick on 09/24/2021, filed by New Hope Family Services, Inc.. (Lippelmann, Mark)
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Filing 17
AFFIDAVIT of Service for Summons, Complaint, and Court Notice served on Letitia James on 09/24/2021, filed by New Hope Family Services, Inc.. (Lippelmann, Mark)
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Filing 16
NOTICE of Appearance by Jeremiah Galus on behalf of New Hope Family Services, Inc. (Galus, Jeremiah)
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Filing 15
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice of Jeremiah Galus, 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/4/2021. (sg)
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Filing 14
NOTICE of Appearance by Roger Greenwood Brooks on behalf of All Plaintiffs (Brooks, Roger)
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Filing 13
MOTION for Limited Admission Pro Hac Vice of Jeremiah Galus Filing fee $100, receipt number ANYNDC-5661943. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 Attorney E-Filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan)
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Filing 12
NOTICE of Appearance by Mark Lippelmann on behalf of New Hope Family Services, Inc. (Lippelmann, Mark)
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Filing 11
TEXT ORDER granting #10 Motion for Limited Admission Pro Hac Vice of Mark Lippelmann, 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/27/2021. (sg)
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Filing 10
MOTION for Limited Admission Pro Hac Vice of Mark Lippelmann Filing fee $100, receipt number ANYNDC-5660222. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 Attorney E-Filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Scruggs, Jonathan)
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Filing 9
TEXT ORDER granting Direct Assignment. The cases are deemed related. Signed by U.S. District Judge Mae A. D'Agostino on 9/20/21. (ban)
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Filing 8
NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Jeremiah Galus, Esq., Email address is jgalus@ADFlegal.org. Phone number is (480) 444-0020. Admissions due by 10/4/2021. (ztc, )
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Filing 7
NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Mark Lippelmann, Esq., Email address is mlippelmann@adflegal.org. Phone number is (480) 444-0020. Admissions due by 10/4/2021. (ztc, )
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Filing 6
NOTICE of Admission Requirement as to Party New Hope Family Services, Inc.; Attorney Roger Brooks, Esq., Email address is rbrooks@adflegal.org. Phone number is (480) 444-0020. Admissions due by 10/4/2021. (ztc, )
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Filing 5
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. (ztc, )
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/20/2021 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/13/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, )
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Filing 3
Summons Issued as to Letitia James. (Attachments: #1 Summons issued as to Licha Nyiendo, #2 Summons issued as to Melissa Franco, #3 Summons Issued as to Gina Martinez, #4 Summons issued as to Julia Day, #5 Summons issued as to William Fitzpatrick)(ztc, )
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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: 5:18-cv-01419. (ztc, )
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Filing 2
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New Hope Family Services, Inc. (ztc, )
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Filing 1
VERIFIED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Letitia James, Licha Nyiendo, Melissa Franco, Gina Martinez, Julia Day, and William Fitzpatrick.(Filing fee $402 receipt number ANYNDC-5651934) filed by New Hope Family Services, Inc. (Attachments: #1 Civil Cover Sheet)(ztc, )
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