Jacoby & Myers Law Offices, LLP v. The Presiding Justices of The First, Second, Third and Fourth Departments et al Featured Case
Plaintiff: Jacoby & Myers Law Offices, LLP
Defendant: The Presiding Justices of The First, Second, Third and Fourth Departments and Appellate Division Of The Supreme Court Of The State Of New York
Case Number: 1:2011cv03387
Filed: May 18, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Lewis A. Kaplan
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 15, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2012 Filing 30 DECLARATION of Jeffrey I. Carton in Opposition re: 26 MOTION to Dismiss the Amended Complaint.. Document filed by Jacoby & Meyers USA, LLC, Jacoby & Myers Law Offices, LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carton, Jeffrey)
January 17, 2012 Filing 29 MEMORANDUM OF LAW in Opposition re: 26 MOTION to Dismiss the Amended Complaint.. Document filed by Jacoby & Meyers USA, LLC, Jacoby & Myers Law Offices, LLP. (Carton, Jeffrey)
January 4, 2012 Filing 28 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Kerry F. Cunningham dated 12/27/2011 re: Counsel for plaintiff writes to request permission to file a brief in opposition to Defendants' motion to dismiss the amended complaint in excess of the 35 page limit provided for in Your Honor's Individual Practices. ENDORSEMENT: The Court sees insufficient justification- for a brief larger than that filed by defendants. Denied. (Signed by Judge Lewis A. Kaplan on 1/3/2012) (tro)
December 23, 2011 Filing 27 MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss the Amended Complaint.. Document filed by The Presiding Justices of The First, Second, Third and Fourth Departments. (Attachments: # 1 Exhibit)(Schulze, Daniel)
December 23, 2011 Filing 26 MOTION to Dismiss the Amended Complaint. Document filed by The Presiding Justices of The First, Second, Third and Fourth Departments. Responses due by 1/17/2012(Schulze, Daniel)
December 13, 2011 Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jacoby & Meyers USA, LLC.(Carton, Jeffrey)
December 6, 2011 Filing 24 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Jeffrey I. Carton dated 12/5/11 re: Counsel for the plaintiff writes with a proposed briefing schedule requested by the parties: motion to dismiss to be filed by 1/13/12; opposition filed by 2/10/12 and reply by 2/27/12. ENDORSEMENT: Having considered the new pleading, the Court sees no reason such an extended scheduled. Defendants shall file any motion by 12/23/11. Answering papers shall be filed by 1/17/12. Reply papers shall be filed by 1/27/12. The Court will hear argument 2/7/12 at 9:30 am. ( Motions due by 12/23/2011., Responses due by 1/17/2012, Replies due by 1/27/2012.) (Signed by Judge Lewis A. Kaplan on 12/6/2011) (mro) Modified on 12/7/2011 (mro).
December 6, 2011 Set/Reset Hearings: Oral Argument set for 2/7/2012 at 09:30 AM before Judge Lewis A. Kaplan. (mro)
November 23, 2011 Filing 23 AMENDED COMPLAINT amending 1 Complaint, against Appellate Division Of The Supreme Court Of The State Of New York, The Presiding Justices of The First, Second, Third and Fourth Departments.Document filed by Jacoby & Myers Law Offices, LLP, Jacoby & Meyers USA, LLC. Related document: 1 Complaint, filed by Jacoby & Myers Law Offices, LLP.(Received by the SDNY Docketing Unit on 12/5/11.)(mro)
November 16, 2011 Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/3/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 16, 2011 Filing 21 TRANSCRIPT of Proceedings re: Conference held on 11/3/2011 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Guido Tascione, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.(McGuirk, Kelly)
November 3, 2011 Filing 20 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Motion Hearing held on 11/3/2011 re: 9 MOTION to Dismiss. filed by The Presiding Justices of The First, Second, Third and Fourth Departments. Argument regarding DI #9 begun and concluded. See order of 11/3/11 (DI# 19) for decision (js)
November 3, 2011 Opinion or Order Filing 19 ORDER: denying 9 Motion to Dismiss. As the correct name of the plaintiff is Jacoby & Meyers, LLP, the caption of this action is amended to that appearing above. During argument of defendants' motion to dismiss the complaint, plaintiff orally moved for leave to amend the complaint and the Court granted the motion. The amended complaint shall be served and filed on or before November 24, 2011. Defendants' motion to dismiss the complaint is denied on the ground that it is moot. (Signed by Judge Lewis A. Kaplan on 11/3/2011) (pl)
November 3, 2011 Set/Reset Deadlines: Amended Pleadings due by 11/24/2011. (pl)
October 6, 2011 Opinion or Order Filing 18 ORDER: Oral Argument set for 11/3/2011 at 11:00 AM before Judge Lewis A. Kaplan on defendants' motion to dismiss the complaint. (Signed by Judge Lewis A. Kaplan on 10/6/2011) (djc)
September 23, 2011 Filing 17 REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss.. Document filed by The Presiding Justices of The First, Second, Third and Fourth Departments. (Schulze, Daniel)
August 26, 2011 Filing 16 DECLARATION of Jeffrey I. Carton in Opposition re: 9 MOTION to Dismiss.. Document filed by Jacoby & Myers Law Offices, LLP. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Exhibit "F", # 7 Exhibit "G", # 8 Exhibit "H", # 9 Exhibit "I", # 10 Exhibit "J", # 11 Exhibit "K", # 12 Exhibit "L", # 13 Exhibit "M", # 14 Exhibit "N", # 15 Exhibit "O" Part 1, # 16 Exhibit "O" Part 2, # 17 Exhibit "P", # 18 Exhibit "Q", # 19 Exhibit "R", # 20 Exhibit "S", # 21 Exhibit "T")(Carton, Jeffrey)
August 26, 2011 Filing 15 MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss.. Document filed by Jacoby & Myers Law Offices, LLP. (Carton, Jeffrey)
August 19, 2011 Filing 14 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Daniel Schulze dated 8/17/2011 re: Counsel for the Defendant writes to inform the Court they take no position in regard to plaintiff's request, however, if the Court grants plaintiff's request, Defendant's request leave to file a 20 page reply, and extend the time for filing that reply by one week, to September 23, 2011. ENDORSEMENT: Application granted. (Replies due by 9/23/2011.) (Signed by Judge George B. Daniels on 8/19/2011 Part I) (ab)
August 19, 2011 Filing 13 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Jeffrey I Carton dated 8/17/2011 re: Counsel for the Plaintiff writes to request permission to file a brief of no more than 55 pages in opposition to Defendants' motion to dismiss the complaint. ENDORSEMENT: Application granted. (Signed by Judge George B. Daniels on 8/19/2011 Part I) (ab)
July 27, 2011 Filing 12 STIPULATION: IT IS HEREBY STIPULATED AND AGREED that (i) Plaintiff's opposition to Defendants' motion to dismiss shall be filed and served so as to be received by Defendants' counsel no later than Friday, August 26, 2011; and (ii) Defendants' reply, if any, to Plaintiffs opposition shall be served and filed so as to be received by Plaintiff's counsel no later than Friday, September 16, 2011. (Signed by Judge Lewis A. Kaplan on 7/27/2011) (jfe)
July 18, 2011 Filing 11 NOTICE OF APPEARANCE by Michael John Siudzinski on behalf of The Presiding Justices of The First, Second, Third and Fourth Departments (Siudzinski, Michael)
July 15, 2011 Filing 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss.. Document filed by The Presiding Justices of The First, Second, Third and Fourth Departments. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schulze, Daniel)
July 15, 2011 Filing 9 MOTION to Dismiss. Document filed by The Presiding Justices of The First, Second, Third and Fourth Departments. Responses due by 7/29/2011(Schulze, Daniel)
June 23, 2011 Opinion or Order Filing 8 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/27/2011 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 6/23/2011) (jfe)
June 20, 2011 Filing 7 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Daniel Schulze dated 6/16/11 re: This letter is to request that the time for defendants to respond to the complaint be extended to July 15, 2011. ENDORSEMENT: Granted. So ordered. All Defendants answer due 7/15/11. (Signed by Judge Lewis A. Kaplan on 6/17/11) (rjm)
June 15, 2011 Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Appellate Division Of The Supreme Court Of The State Of New York served on 6/10/2011, answer due 7/1/2011; The Presiding Justices of The First, Second, Third and Fourth Departments served on 6/10/2011, answer due 7/1/2011. Service was accepted by Judge Henry Scudder, Presiding Justice of the 4th Department. Document filed by Jacoby & Myers Law Offices, LLP. (Carton, Jeffrey)
June 7, 2011 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Appellate Division Of The Supreme Court Of The State Of New York served on 5/27/2011, answer due 6/22/2011; The Presiding Justices of The First, Second, Third and Fourth Departments served on 5/27/2011, answer due 6/22/2011. Service was accepted by Robert Mayberger, Clerk of the Court and Authorized Agent on behalf of Presiding Justice, Third Dept.. Document filed by Jacoby & Myers Law Offices, LLP. (Carton, Jeffrey)
June 7, 2011 Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by April Agostino, Managing Agent, on behalf of Presiding Justice, Second Dept.. Document filed by Jacoby & Myers Law Offices, LLP. (Carton, Jeffrey)
June 7, 2011 Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. Appellate Division Of The Supreme Court Of The State Of New York served on 6/1/2011, answer due 6/22/2011; The Presiding Justices of The First, Second, Third and Fourth Departments served on 6/1/2011, answer due 6/22/2011. Service was accepted by Kam Yuen, Managing Agent on behalf of Presiding Justice, First Dept.. Document filed by Jacoby & Myers Law Offices, LLP. (Carton, Jeffrey)
May 18, 2011 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jacoby & Myers Law Offices, LLP.(ama)
May 18, 2011 Filing 1 COMPLAINT against Appellate Division Of The Supreme Court Of The State Of New York, The Presiding Justices of The First, Second, Third and Fourth Departments. (Filing Fee $ 350.00, Receipt Number 1007121)Document filed by Jacoby & Myers Law Offices, LLP.(ama)
May 18, 2011 SUMMONS ISSUED as to Appellate Division Of The Supreme Court Of The State Of New York, The Presiding Justices of The First, Second, Third and Fourth Departments. (ama)
May 18, 2011 Case Designated ECF. (ama)
May 18, 2011 Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)

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Plaintiff: Jacoby & Myers Law Offices, LLP
Represented By: Jeffrey I. Carton
Represented By: James Robert Denlea
Represented By: David Jonathan Meiselman
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Defendant: The Presiding Justices of The First, Second, Third and Fourth Departments
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Defendant: Appellate Division Of The Supreme Court Of The State Of New York
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