Upper Echelon Entertainment LLC et al v. The State of New York et al
| Upper Echelon Entertainment LLC, Aquil Hills, Azariah Yemma and Hasan Stephens |
| The State of New York, The New York Department of Agriculture and Markets, The New York State Fairgrounds, The New York State Fair and John Does 1-10 |
| 5:2022cv00659 |
| June 21, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Letter Motion from Aimee Cowan for The New York Department of Agriculture and Markets, The New York State Fair, The State of New York requesting opportunity to respond to Plaintiffs' request for leave to add additional tort causes of action submitted to Judge Brenda K. Sannes . (Cowan, Aimee) |
| Filing 28 STATUS REPORT re: Letter Motion to Extend Time and for Leave to Amend by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma. (Attachments: #1 Exhibit(s) Motion for Leave, #2 Exhibit(s) Notice of Appearance, #3 Exhibit(s) Stipulation of Counsel)(Verner, Paul) |
| Filing 27 STIPULATION re #25 Letter Motion from Paul Verner, co-counsel with Saltz Nalibotsky for Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma requesting Additional time to file amendment submitted to Judge Honorable Brenda K. Sannes < by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma submitted to Judge Sannes. (Verner, Paul) |
| Filing 26 NOTICE OF APPEARANCE by Paul W. Verner on behalf of Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma (Verner, Paul) |
| Filing 25 Letter Motion from Paul Verner, co-counsel with Saltz Nalibotsky for Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma requesting Additional time to file amendment submitted to Judge Honorable Brenda K. Sannes . (Saltz, Albert) |
Filing 24
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that State Defendants' motion to dismiss, (Dkt. No. #20 ), is GRANTED. It is further ORDERED that all claims against Defendants State of New York, New York Department of Agriculture and Markets, and New York State Fair are DISMISSED. It is further ORDERED that Plaintiffs' request for leave to amend, (Dkt. No. #21 , at 1415), is GRANTED in part. Plaintiffs are granted leave to amend except that Plaintiffs may not amend their claims under 1983, 1985, or 1986 with regard to State Defendants. Plaintiffs must file their second amended complaint by June 20, 2023. Signed by Chief Judge Brenda K. Sannes on 5/30/2023. (nmk)
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| Filing 23 NOTICE by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma Withdrawal of Appearance of Kevin M. Demko (Demko, Kevin) |
| Filing 22 REPLY to Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim filed by The New York Department of Agriculture and Markets, The New York State Fair, The State of New York. Motion returnable before Judge Brenda K. Sannes filed by The New York Department of Agriculture and Markets, The New York State Fair, The State of New York. (Cowan, Aimee) |
| Filing 21 RESPONSE in Opposition re #20 MOTION to Dismiss for Failure to State a Claim filed by The New York Department of Agriculture and Markets, The New York State Fair, The State of New York. Motion returnable before Judge Brenda K. Sannes filed by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma. (Attachments: #1 Declaration)(Saltz, Albert) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim filed by The New York Department of Agriculture and Markets, The New York State Fair, The State of New York. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 9/30/2022. Reply to Response to Motion due by 10/7/2022 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) A) (Cowan, Aimee) |
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Filing 19
TEXT ORDER: In light of the #18 status report, the #14 motion to dismiss is withdrawn. The deadline for defendants to answer or otherwise respond to plaintiffs' amended complaint remains set for 9/9/2022. SO ORDERED by Chief Judge Brenda K. Sannes on 9/1/2022. (nmk)
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| Filing 18 STATUS REPORT by The New York Department of Agriculture and Markets, The New York State Fair, The State of New York. (Cowan, Aimee) |
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Filing 17
TEXT ORDER: The Court has reviewed Plaintiffs' First Amended Complaint #16 , which Plaintiff appears to have filed as of right under Federal Rule of Civil Procedure 15(a)(1)(B). "[W]hen a plaintiff properly amends her complaint after a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint." Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 303 (2d Cir. 2020). Accordingly, Defendants are directed to file a letter by Friday, 9/5/2022 indicating whether: (1) they wish the Court to consider the pending motion to dismiss #14 in light of the facts alleged in the First Amended Complaint; or (2) seek to withdraw the motion to dismiss, and if so, whether they intend to file a motion to dismiss the First Amended Complaint. In the event Defendants wish the Court to consider the pending motion to dismiss #14 in light of the facts alleged in the Amended Complaint, the Court will extend Plaintiffs' response deadline to 9/19/2022 and Defendants' reply deadline to 9/26/2022. SO ORDERED by Judge Brenda K. Sannes on 8/29/2022. (nmk)
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| ***Answer due date updated for The New York Department of Agriculture and Markets answer due 9/9/2022; The New York State Fair answer due 9/9/2022; The State of New York answer due 9/9/2022. (gmd, ) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe 1 -10 defendant(s) in the Amended Complaint Dkt. #16 , the Clerk's Office will not issue summons(es) for service of process on John Doe 1 -10 defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe 1 -10 defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (gmd, ) |
| Filing 16 AMENDED COMPLAINT against The New York Department of Agriculture and Markets, The New York State Fairgrounds, The State of New York, John Does 1-10 filed by Upper Echelon Entertainment LLC, Hasan Stephens, Azariah Yemma, Aquil Hills. (Attachments: #1 Client Verification)(Saltz, Albert) |
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Filing 15
TEXT ORDER: In light of the filing of Motion to Dismiss #14 , the Rule 16 Initial Conference scheduled for 8/31/2022 at 10:00 a.m. before Magistrate Judge Miroslav Lovric and the filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/8/2022. (jdp )
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| Filing 14 MOTION to Dismiss for Failure to State a Claim filed by The New York Department of Agriculture and Markets, The New York State Fairgrounds, The State of New York. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 8/29/2022. Reply to Response to Motion due by 9/6/2022 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) A) (Cowan, Aimee) |
| Filing 13 AFFIDAVIT of Service for Court Notice Regarding Availability of Electronic Filing Court of Claims Cases, Verified Claim, Verification served on Barb Godfrey, New York State Fairgrounds on 06/09/2022, filed by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma. (Demko, Kevin) |
| Filing 12 AFFIDAVIT of Service for Court Notice Regarding Availability of Electronic Filing Court of Claims Cases, Verified Claim, Verification served on Cristal Gazelone, State of New York - Office of the Attorney General on 06/15/2022, filed by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma. (Demko, Kevin) |
| Filing 11 AFFIDAVIT of Service for Court Notice Regarding Availability of Electronic Filing Court of Claims Cases, Verified Claim, Verification served on Scott Wyner, Managing Agent of The New York Department of Agriculture and Markets on 06/15/2022, filed by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma. (Demko, Kevin) |
| Filing 10 NOTICE of Appearance by Kevin M. Demko on behalf of Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma (Demko, Kevin) |
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Filing 9
ORDER granting #8 Letter Request. Defendants are directed to respond to the complaint by 8/8/2022. Signed by Magistrate Judge Miroslav Lovric on 7/6/2022. (jdp )
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| Filing 8 Letter Motion from Aimee Cowan for The New York Department of Agriculture and Markets, The New York State Fairgrounds, The State of New York requesting 30 day extension to answer Plaintiffs' complaint submitted to Judge Miroslav Lovric . (Cowan, Aimee) |
| Filing 7 NOTICE of Appearance by Albert M. Saltz on behalf of All Plaintiffs (Saltz, Albert) |
| Filing 6 NOTICE by Aquil Hills, Hasan Stephens, Upper Echelon Entertainment LLC, Azariah Yemma re #3 Notice of Admission Requirement, (Saltz, Albert) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #2 State Court Complaint. The original copy of the State Court Complaint was missing page 4. Counsel was directed to file a complete copy including page 4 in the Corrected Documents Case. The corrected version (Complete Copy of State Court Complaint) has been uploaded and labeled as an attachment to the docket entry. (mgh) |
| TEXT NOTICE OF FILING DEFICIENCY as to The New York Department of Agriculture and Markets, The New York State Fairgrounds, The State of New York regarding the #2 State Court Complaint, #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: PAGE 4 of STATE COURT COMPLAINT was not included in the initial filing. Please file full document using CORRECTED DOCUMENTS event and reference case number 5:22-cv-659. The correction(s) should be made within 3 days of this notice. Notice of Filing Deficiency Deadline 6/28/2022 (egr, ) |
| ***Answer due date updated for The New York Department of Agriculture and Markets answer due 7/6/2022; The New York State Fairgrounds answer due 7/6/2022; The State of New York answer due 7/6/2022. (egr, ) |
| Filing 5 NOTICE of Appearance by Aimee Cowan on behalf of All Defendants (Cowan, Aimee) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/31/2022 at 10:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/24/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr) |
| Filing 3 NOTICE OF ADMISSION REQUIREMENT as to Party Upper Echelon Entertainment LLC, Aquil Hills, Azariah Yemma and Hasan Stephens; Attorney Albert M. Saltz, Mailed to 101 Lindenwood Drive - Suite 225, Malvern, PA 19355 along with Copy of General Order 25. Admissions due by 7/5/2022. (egr) |
| Filing 2 STATE COURT COMPLAINT filed by Plaintiff(s) in State of New York Court of Claims. (egr) (Additional attachment(s) added on 6/24/2022: #1 Complete Copy of State Court Complaint) (mgh, ). |
| Filing 1 NOTICE OF REMOVAL from State of New York Court of Claims, case number 137845 (Filing fee $402 receipt number ANYNDC-59141539) filed by The New York Department of Agriculture and Markets, The New York State Fairgrounds, The State of New York. (Attachments: #1 Notice of Filing, #2 Civil Cover Sheet, #3 State of New York Court of Claims Complaint)(egr) |
| TEXT NOTICE OF FILING DEFICIENCY as to The New York Department of Agriculture and Markets, The New York State Fairgrounds, The State of New York regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address, phone number and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 6/24/2022 (egr) |
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