The November Team, Inc. et al v. New York State Joint Commission on Public Ethics et al
| The November Team, Inc, The November Team, Inc., Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC and Mercury LLC |
| New York State Joint Commission on Public Ethics, Daniel J. Horwitz, David Arroyo, Hon. Joseph Covello, Marvin E. Jacob, Seymour Knox, IV, Hon. Eileen Koretz, Gary J. Lavine, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Hon. Renee R. Roth, Michael K. Rozen, Dawn L. Smalls and George H. Weisman |
| 1:2016cv01739 |
| March 8, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G Schofield |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 15, 2018. A more recent docket listing may be available from PACER.
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Filing 75
MANDATE of USCA (Certified Copy) as to #58 Notice of Appeal, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. USCA Case Number 17-334. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/15/2018. (nd)
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Filing 74
MEMO ENDORSEMENT on re: #73 Letter, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: For the reasons stated in this letter, and the parties' prior statement that, "If, after the notice and comment period has ended, the regulations are not adopted, or their substance does not resolve the parties' dispute, the appeal will be reinstated," in the letter, dated June 9, 2017 (Dkt. No. 61), the Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 5/10/2018) (kgo)
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Filing 73
LETTER addressed to Judge Lorna G. Schofield from Zoe Salzman dated May 9, 2018 re: in Accordance with Court's Order dated April 27, 2018 (ECF #72). Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
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Filing 72
MEMO ENDORSEMENT on re: #71 Status Report filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: Application Granted. By May 9, 2018, Plaintiffs shall file a status letter informing this Court on how they intend to proceed in light of the newly adopted regulations. (Signed by Judge Lorna G. Schofield on 4/27/2018) (kgo)
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Filing 71
STATUS REPORT. On Behalf of All Parties Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
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Filing 70
STATUS REPORT. - Joint Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
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Filing 69
ORDER of USCA (Certified Copy) as to #58 Notice of Appeal, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. USCA Case Number 17-0334. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/14/2017. (nd)
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Filing 68
STATUS REPORT. On Behalf of All Parties Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
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Filing 67
STATUS REPORT. On Behalf of All Parties Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Salzman, Zoe)
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Filing 66
MEMO ENDORSED ORDER granting #63 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Ms. Horowitz as counsel for Plaintiffs. (Attorney Hayley Horowitz terminated.) (Signed by Judge Lorna G. Schofield on 8/17/17) (yv)
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Filing 65
AFFIRMATION of Hayley Horowitz in Support re: #63 MOTION for Hayley Horowitz to Withdraw as Attorney .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
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Filing 64
NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Salzman, Zoe)
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Filing 63
MOTION for Hayley Horowitz to Withdraw as Attorney . Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 62
MEMO ENDORSEMENT: on re: #61 Status Report filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: Application GRANTED. The parties shall file joint status letter every 90 days on the status of the above-referenced regulations and shall file an additional status letter within 3 days of final action on the regulations. If the parties file an action in state court at any point, they shall file a status letter within 3 days of such filing to notify the Court. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/13/2017) (ap)
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Filing 61
STATUS REPORT. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 60
ORDER: It is hereby ORDERED that by June 16, 2017, the parties shall submit a status letter updating the Court on whether a state court action has been filed, and including any deadlines associated with such a state court action. It is further ORDERED that if no state court action has been filed, the parties shall promptly file a status letter notifying the Court when such an action has been filed and/or notifying the Court if the appeal is reinstated. (Signed by Judge Lorna G. Schofield on 6/2/2017) (kgo)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #58 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #58 Notice of Appeal, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC were transmitted to the U.S. Court of Appeals. (tp)
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Filing 58
NOTICE OF APPEAL from #57 Memorandum & Opinion,,,. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. Filing fee $ 505.00, receipt number 0208-13273721. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Horowitz, Hayley)
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Filing 59
INTERNET CITATION NOTE: Material from decision with Internet citation re: #57 Memorandum & Opinion. (Attachments: #1 Internet Citation, #2 Internet Citation) (vf)
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Filing 57
OPINION AND ORDER re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). filed by New York State Joint Commission on Public Ethics. For the foregoing reasons, the Court abstains in this case, but retains jurisdiction pending a determination by a state court as to the meaning of the challenged state regulation. Plaintiff's motion for injunctive relief and Defendant's cross-motion to dismiss are DENIED without prejudice to renewal. Defendants' time to answer the Complaint is adjourned sine die, and the case is stayed. The Clerk of Court is respectfully directed to close the motion at Docket No. 29. (Signed by Judge Lorna G. Schofield on 1/11/2017) (kgo) Modified on 1/11/2017 (kgo).
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Filing 56
SECOND LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated September 30, 2016 re: Oral Argument. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 55
DECLARATION of Anat Gerstein, Inc. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
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Filing 54
DECLARATION of Berlin/Rosen Public Affairs, Inc. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
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Filing 53
DECLARATION of The November Team, LLC in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
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Filing 52
REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . and in Opposition re: 29 MOTION to Dismiss.. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
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Filing 51
REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas)
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Filing 50
MEMO ENDORSEMENT on re: #49 Letter, filed by Berlinrosen Public Affairs, Ltd., Risa Heller Communications LLC, Anat Gertein, Inc., The November Team, Inc., Mercury LLC. ENDORSEMENT: Application GRANTED in part. Defendant shall file its reply brief in further support of its motion to dismiss no later than September 15, 2016. Plaintiffs shall file their sur-reply, not to exceed ten pages and addressing only new issues raised by Defendant concerning the new legislation, no later than September 30, 2016. Defendant's motion for leave to file a sur-reply is denied. ( Replies due by 9/15/2016., Surreplies due by 9/30/2016.) (Signed by Judge Lorna G. Schofield on 8/16/2016) (kgo)
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Filing 49
JOINT LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated August 12, 2016 re: effect of recent legislation on Plaintiffs' claims. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 48
ORDER granting #47 Letter Motion for Extension of Time to File joint letter pursuant to June 21, 2016 and July 6, 2016 Orders [Dkt. Nos. 43 and 46]. Application GRANTED. The deadline for the parties to file the joint letter concerning the effect of the pending legislation is adjourned from August 8, 2016, to August 12, 2016. (Signed by Judge Lorna G. Schofield on 8/8/2016) (cf)
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Filing 47
JOINT LETTER MOTION for Extension of Time to File joint letter pursuant to June 21, 2016 and July 6, 2016 Orders [Dkt. Nos. 43 and 46], addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated 8/2/2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time to File: Application GRANTED. The deadline for the parties to file the joint letter pursuant to the Order dated June 21, 2016, is adjourned from July 7, 2016, to August 8, 2016. The deadline for Defendant to file its reply in further support of its motion to dismiss is adjourned from July 25, 2016, to August 25, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 45
JOINT LETTER MOTION for Extension of Time to File a Joint Letter Concerning the June 21, 2016 Order [Document No. 44] addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated July 5, 2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to File Response/Reply: Application GRANTED. The deadline for Defendant to file its reply brief in further support of their motion to dismiss is adjourned from June 24, 2016, to July 25, 2016. The parties shall file a joint letter not to exceed five single-spaced pages no later than July 7, 2016, explaining how they anticipate the June 17th legislation will affect the pending motions for preliminary injunction and to dismiss. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 43
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). {for 31-day extension to July 25, 2016 to file Reply Brief in further support of Motion to Dismiss Complaint} addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated 6/21/2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
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Filing 42
LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated June 16, 2016 re: Oral Argument. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 41
DECLARATION of Andrew G. Celli, Jr. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17)(Horowitz, Hayley)
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Filing 40
REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . and in Opposition re: #29 MOTION to Dismiss. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time: Application GRANTED. The deadline for Plaintiffs' reply in further support of its motion for preliminary injunction and opposition to Defendants' motion to dismiss is extended from June 7, 2016, to June 15, 2016. The deadline for Defendants' reply in further support of its motion to dismiss is extended from June 16, 2016, to June 24, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 38
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Hayley Horowitz dated May 26, 2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley) Modified on 6/2/2016 (db).
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Filing 37
DECLARATION of Thomas Patrick Lane in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1).. Document filed by New York State Joint Commission on Public Ethics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lane, Thomas)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 5/19/2016. (Court Reporter Kris Sellin) (jcs)
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Filing 36
ORDER: WHEREAS on May 19, 2016, a conference was held. For the reasons discussed at the conference, it is hereby ORDERED that Plaintiffs shall file a single memorandum of law, not to exceed 30 pages, as a reply in support of their application for a preliminary injunction and in opposition to Defendants' motion to dismiss, no later than June 7, 2016; Defendants' shall file a reply in further support of their motion to dismiss, not to exceed 10 pages, on June 16, 2016. The parties are directed to the Court's Individual Rules for further instruction on the submission of motion papers. ORDERED that within one week of a decision on the motion to dismiss, if the case is not dismissed, the parties shall file a proposed Case Management Plan (available on the page with Judge Schofield's Individual Rules) and request a Rule 16 conference. Responses due by 6/7/2016 Replies due by 6/16/2016. (Signed by Judge Lorna G. Schofield on 5/19/2016) (kgo)
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Filing 35
MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas)
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Filing 34
LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated 5/17/2016 re: Civil Case Management Plan and Scheduling Order. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Horowitz, Hayley)
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Filing 33
ORDER: It is hereby ORDERED that, by May 17, 2016, the parties shall file the Proposed Civil Case Management Plan and Scheduling Order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/16/2016) (kgo)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #3 Order,, -- Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas)
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Filing 31
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Thomas Patrick Lane in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1).. Document filed by New York State Joint Commission on Public Ethics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part 1, #4 Exhibit 3 part 2, #5 Exhibit 4)(Lane, Thomas) Modified on 5/24/2016 (ka).
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #35 Memorandum) - MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). . Document filed by New York State Joint Commission on Public Ethics. (Lane, Thomas) Modified on 5/20/2016 (db).
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Filing 29
MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). Document filed by New York State Joint Commission on Public Ethics.(Lane, Thomas)
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Filing 28
ORDER granting #25 Motion for Dan K. Webb to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 27
ORDER granting in part and denying in part #26 Letter Motion for Leave to File Excess Pages: Application GRANTED in part. Defendants' brief in opposition to Plaintiffs' motion for preliminary injunction shall not exceed 30 pages. Plaintiffs' reply brief in further support of their motion for preliminary injunction shall not exceed 15 pages. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 26
CONSENT LETTER MOTION for Leave to File Excess Pages as to opposition and reply to Plaintiffs' Motion for Preliminary Injunction, addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated 5/5/2016. Document filed by New York State Joint Commission on Public Ethics.(Spitzer, Seth)
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Filing 25
MOTION for Dan K. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12250239. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York State Joint Commission on Public Ethics. (Attachments: #1 Ex. A - Certificate of Good Standing, #2 Text of Proposed Order)(Webb, Dan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Dan K. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12250239. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 24
ORDER granting #22 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The Initial Conference, scheduled for May 5, 2016, is adjourned to May 19, 2016, at 11:10 a.m. Initial Conference set for 5/19/2016 at 11:10 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/28/2016) (kl)
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Filing 23
LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated 4/28/2016 re: Initial Conference. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 22
LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Hayley Horowitz dated 4/28/2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 21
STIPULATION AND ORDER: The above-referenced action is hereby voluntarily dismissed as against the individual defendants, Daniel J. Horwitz, David Arroyo, Hon. Joseph Covello, Marvin E. Jacob, Seymour Knox IV, Hon. Eileen Korelz, Gary J. Lavine, Hon. Mary Lou Rath, David A. Renzi, Michale A. Romeo, Hon. Renee R. Roth, Michael K. Rozen, Dawn L. Smalls, and George H. Weissman, in their official capacities as members of the Commission ("Individual Defendants"); Each and every Individual Defendant will be bound, in his or her official capacity, by any Order of the Court in this action, including any Order enjoining, temporarily or permanently, any portion of the Opinion, as though he or she were a party to this action, notwithstanding his or her dismissal from this action; Each and every Individual Defendant will be subject to all discovery obligations as though he or she were a party to this action, notwithstanding his or her dismissal from this action. Such discovery obligations shall extend only to the same extent as any discovery that would be available against an Individual Defendant in their official capacity; The Commission shall not use the dismissal of the Individual Defendants from this Action, or the existence or impact of this Stipulation, as the basis for any defense or argument in this Action, or in any other action to enforce an Order of the Court in this action; and The caption shall be amended to reflect the dismissal of the Individual Defendants. Daniel J. Horwitz (In their official capacities as members of the New York State Joint Commission on Public Ethics), Marvin E. Jacob (In their official capacities as members of the New York State Joint Commission on Public Ethics), Seymour Knox, IV (In their official capacities as members of the New York State Joint Commission on Public Ethics), Eileen Koretz (In their official capacities as members of the New York State Joint Commission on Public Ethics), Gary J. Lavine (In their official capacities as members of the New York State Joint Commission on Public Ethics), Mary Lou Rath (In their official capacities as members of the New York State Joint Commission on Public Ethics), David A. Renzi (In their official capacities as members of the New York State Joint Commission on Public Ethics), Michael A. Romeo (In their official capacities as members of the New York State Joint Commission on Public Ethics), Renee R. Roth (In their official capacities as members of the New York State Joint Commission on Public Ethics), Michael K. Rozen (In their official capacities as members of the New York State Joint Commission on Public Ethics), Dawn L. Smalls (In their official capacities as members of the New York State Joint Commission on Public Ethics), George H. Weisman (In their official capacities as members of the New York State Joint Commission on Public Ethics), David Arroyo (In their official capacities as members of the New York State Joint Commission on Public Ethics) and Joseph Covello (In their official capacities as members of the New York State Joint Commission on Public Ethics) terminated. (Signed by Judge Lorna G. Schofield on 4/21/2016) (tn)
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Filing 20
NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of David Arroyo, Joseph Covello, Daniel J. Horwitz, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Michael K. Rozen, George H. Weisman. (Spitzer, Seth)
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Filing 19
NOTICE OF APPEARANCE by Thomas Patrick Lane on behalf of David Arroyo, Joseph Covello, Daniel J. Horwitz, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Michael K. Rozen, George H. Weisman. (Lane, Thomas)
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Filing 18
STIPULATION AND ORDER: It is hereby STIPULATED AND AGREED among the parties, AND ORDERED, THAT: 1. Defendants' briefs in opposition to plaintiffs' motion for a Preliminary Injunction shall be filed on or before May 16, 2016; 2. Plaintiffs' reply in further support of their motion for a Preliminary Injunction shall be filed on or before June 7, 2016. 3. In order to preserve the status quo until the motion for a Preliminary Injunction is resolved that, pending the hearing and determination of plaintiffs' motion for a preliminary injunction, and pending the hearing and determination of any appeal, Defendants shall not take any enforcement action with respect to plaintiffs' activities, if any, that do not relate to: (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(1); or (b) any explicit exhortation to any member of public to directly contact any Public Official; and 4. Pending the hearing and determination of plaintiffs' for a preliminary injunction, and pending the hearing and determination of any appeal, registration obligations of plaintiffs or their clients, if any, under the Lobbying Act, N.Y. Leg. Law 1-e 1-h, 1-I, and 1-j, that do not relate to (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Law 1-c(1); or (b) any explicit exhortation to any member of the public to directly contact any Public Official, are stayed. 5. By agreeing to this stipulation and order, Defendants are reserving and not waiving any and all rights, defenses and remedied, and not waiving but expressly preserving all rights and defenses at law or in equity to Plaintiffs' Complaint and Motion for a Temporary Restraining Order and Preliminary Injunction in this action. ( Responses due by 5/16/2016, Replies due by 6/7/2016.) (Signed by Judge Lorna G. Schofield on 4/1/2016) (mro) Modified on 4/6/2016 (mro).
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Filing 17
LETTER addressed to Judge Lorna G. Schofield from Hayley Horowitz dated April 1, 2016 re: Proposed Stipulation and Order re Briefing Schedule and Stay of Enforcement. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Allen Dickerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12099764. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Dickerson, Allen) Modified on 3/23/2016 (sdi).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for Allen Dickerson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12099764. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the motion was not signed; missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
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Filing 15
STIPULATION AND ORDER: It is hereby stipulated and agreed between the parties, and ordered, that in order to preserve the status quo until defendants hire alternate outside counsel, defendants shall not take any enforcement action before April 1, 2016 under the N.Y. Lobbying Act (the "Act") with respect to plaintiffs' activities, if any, that do not relate to: (a) any direct communication betweenany plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(l); or (b) any explicit exhortation to any member of the public to directly contact any Public Official. It is also hereby stipulated and agreed between the parties, and ordered, that the deadline for the parties to submit a proposed briefing schedule on the P1 Motion and proposed order pursuant to paragraph 5 is extended until April 1, 2016. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/22/2016) (kgo)
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Filing 14
SECOND LETTER MOTION for Extension of Time enforcement addressed to Judge Lorna G. Schofield from Andrew G. Celli, Jr. dated 3/18/2016., SECOND LETTER MOTION to Stay to propose a briefing schedule addressed to Judge Lorna G. Schofield from Andrew G. Celli, Jr. dated 3/18/2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order)(Celli, Andrew)
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Filing 13
DECLARATION of Andrew G. Celli, Jr. in Support re: #3 Order,,. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Celli, Andrew)
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Filing 12
MEMORANDUM OF LAW in Support re: #3 Order,, Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction dated 3/8/2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Celli, Andrew)
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Filing 11
ORDER: Initial Conference set for 5/5/2016 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/18/2016) (kgo)
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Filing 10
STIPULATION AND ORDER: 1. Whereas, the Complaint and a Motion for a Temporary Restraining Order and Preliminary Injunction ("PI Motion") were filed in the above-captioned action on March 8, 2016; and 2. Whereas defendants are seeking alternate outside counsel to represent them in this action and expect to have retained such counsel before March 18, 2016; and 3. Whereas the parties will contemplate an agreement concerning a further stay of enforcement pending adjudication of the PI Motion once alternate outside counsel has been retained, 4. It is hereby stipulated and agreed between the parties, and ordered, that in order to preserve the status quo until defendants hire alternate outside counsel, defendants shall not take any enforcement action before March 18, 2016 under the N.Y. Lobbying Act (the "Act") with respect to plaintiffs' activities, if any, that do not related to: (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(1); or (b) any explicit exhortation to any member of the public to directly contact any Public Official. 5. It is also hereby stipulated and agreed between the parties, and ordered, that registration obligations of plaintiffs' or their clients', if any, under the Lobbying Act, N.Y. Leg. Law 1-e 1-h, 1-I and 1-j, that do not related to: (a) any direct communication between any plaintiff and any Public Official, as that term is defined in the Act, N.Y. Leg. Law 1-c(1); or (b) any explicit exhortation to any member of the public to directly contact any Public Official, are stayed until March 18, 2016. 6. It is also hereby stipulated and agreed between the parties, and ordered, that on March 8, 2016, plaintiffs served by hand copies of the Summons and Complaint in this action, together with a copy of their PI Motion and the papers on which it is based, upon an Assistant Attorney General from the N.Y. Office of the Attorney General, and that such service is deemed good and sufficient service upon all defendants. 7. By stipulating to paragraphs 4 and 5 above, Defendants do not waive any affirmative defenses to the Complaint in this action. The deadline for the parties to submit a proposed briefing schedule and proposed order staying any enforcement against Plaintiffs' activities pursuant to Paragraphs 4 and 5 of this Order during the pendency of the motion for preliminary injunction is extended from March 11, 2016, to March 18, 2016. (Signed by Judge Lorna G. Schofield on 3/11/2016) (mro)
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Filing 9
FIRST LETTER MOTION to Stay enforcement addressed to Judge Lorna G. Schofield from Hayley Horowitz dated March 11, 2016., FIRST LETTER MOTION for Extension of Time to propose a briefing schedule addressed to Judge Lorna G. Schofield from Hayley Horowitz dated March 11, 2016. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Text of Proposed Order)(Horowitz, Hayley)
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Filing 8
ORDER: WHEREAS on March 11, 2016, Plaintiffs' counsel notified the Court that the submission at Docket No. 7 was filed in error. It is hereby ORDERED that Docket No. 7 is stricken from the docket. (Signed by Judge Lorna G. Schofield on 3/11/2016) (kgo)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Andrew G. Celli to MANUALLY RE-FILE Document Nos. [4-6] Order to Show Cause with Supporting Documents. These documents are not filed via ECF. (db)
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***DELETED DOCUMENT. Deleted document number 7 LETTER MOTION. The document was incorrectly filed in this case. (kgo)
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Andrew G. Celli, Jr. in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Celli, Andrew) Modified on 3/11/2016 (db).
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc.. (Horowitz, Hayley) Modified on 3/11/2016 (db).
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Filing 4
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Anat Gertein, Inc., Berlinrosen Public Affairs, Ltd., Mercury LLC, Risa Heller Communications LLC, The November Team, Inc..(Horowitz, Hayley) Modified on 3/11/2016 (db).
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 3/8/2016. (Court Reporter Carrol Ganley) (jcs)
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Filing 3
ORDER: It is hereby ORDERED that the motion for a temporary restraining order is denied without prejudice to renewal; ORDERED that, no later than March 11, 2016, the parties shall submit a letter and proposed order (1) reflecting any agreement to stay enforcement of the Opinion in dispute pending adjudication of the motion for preliminary injunction, and (2) proposing a briefing schedule for the motion for preliminary injunction. ORDERED that the parties shall file the motion papers submitted to the Court by hand today, and submit a Word version of the proposed order referenced in the preceding paragraph to Chambers via e-mail. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/8/2016) (spo)
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Filing 2
CIVIL COVER SHEET filed. (moh) (laq).
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Filing 1
COMPLAINT against David Arroyo, Joseph Covello, Daniel J. Horwitz, Marvin E. Jacob, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Renee R. Roth, Michael K. Rozen, Dawn L. Smalls, George H. Weisman. (Filing Fee $ 400.00, Receipt Number 465401147470)Document filed by Mercury LLC, The November Team, Inc., Risa Heller Communications LLC, Berlinrosen Public Affairs, Ltd., Anat Gertein, Inc..(moh) (laq).
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SUMMONS ISSUED as to David Arroyo, Joseph Covello, Daniel J. Horwitz, Marvin E. Jacob, Seymour Knox, IV, Eileen Koretz, Gary J. Lavine, New York State Joint Commission on Public Ethics, Mary Lou Rath, David A. Renzi, Michael A. Romeo, Renee R. Roth, Michael K. Rozen, Dawn L. Smalls, George H. Weisman. (moh)
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Case Designated ECF. (moh)
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Magistrate Judge Ronald L. Ellis is so designated. (moh)
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